Why the Trafficking Survivors Relief Act of 2020 Matters
For many survivors of human trafficking, physically escaping traffickers is only part of the battle. Many victims are charged with crimes they committed while being trafficked, like conspiracy, money laundering and drug exchange. In most cases, victims are unable to refuse committing these crimes but are nevertheless forced to face the consequences thereof.
“Convicting human trafficking survivors of criminal charges unfairly places the blame on them, rather than on the true culprits of these crimes, and hurts their ability to get back on their feet after they escape.”
This could change with the Trafficking Survivors Relief Act of 2020. In early February, U.S. Sen. Kirsten Gillibrand (D-NY) and U.S. Sen. Rob Portman (R-OH) proposed a bipartisan act to protect victims of human trafficking from punishment under U.S. law. The bill would vacate (make invalid) and expunge (erase records of) non-violent criminal convictions directly resultant of trafficking experiences . Survivors seeking to clear their records would need to submit evidence that they were trafficked in the form of court documents or testimonies from relevant professionals.
“Convicting human trafficking survivors of criminal charges unfairly places the blame on them, rather than on the true culprits of these crimes, and hurts their ability to get back on their feet after they escape,” Sen. Gillibrand said.
If passed, the act could be a huge breakthrough for survivors. Having a criminal record can block individuals from obtaining employment, housing, education, financial aid and child custody. Many find themselves unable to regain their lives after escaping human trafficking, trapped instead under the weight of offenses they were forced to perpetrate. In this way, traffickers are able to control victims even after they have technically been freed.
“It’s time to stop punishing these victims and instead help them get their lives back,” Sen. Portman said.
“It’s time to stop punishing these victims and instead help them get their lives back.”
Despite its bipartisan backing, the bill is likely to face some hurdles in its path to becoming a law. Previous attempts to accomplish similar means, including the Human Trafficking Survivors Relief and Empowerment Act of 2015 and the Trafficking Survivors Relief Acts of 2016, 2017 and 2019, were pigeonholed in committees and never saw votes. This has less to do with opposition to the bill and more to do with complicated approval processes in the US Congress. About 90% of bills die in committees or subcommittees, and only a small minority are ever made into laws.
All hope is not lost, however. Congress has successfully passed and renewed legislation benefiting survivors before. Notably, the Trafficking Victims Protection Act (TVPA), which aims to protect victims, prosecute traffickers, and prevent trafficking from ever happening, was renewed in 2019. If the Trafficking Survivors Relief Act can make it out of committee, it could very well follow in the footsteps of the TVPA.
The bill is still in the introductory phase, but we can stay informed and make our opinions known to legislators as we await its progress. You can read the full text of the bill here. You can also track the bill’s status and contact your local representatives about it here. Voicing your support for the bill could influence how much attention it receives in Congress.
Policymaking is a long and frustrating process, but it’s one of the most crucial components to ending human trafficking. We tend to focus on rescue, and while that’s important, we also need to make sure our society is safe for survivors after slavery. The Trafficking Survivors Relief Act of 2020 is one way we could do that.
About the Author
Shannon Gage is a lover of board games, traveling and all things Enneagram. When she's not studying for her senior-year strategic communication classes at Liberty University, you can find her brushing up on her Spanish or writing moody poetry that no one will ever see. She dreams of someday using her skills full-time in the nonprofit world and publishing her fantasy/sci-fi novel.