Schmidt Cosponsors Legislation to Support Human Trafficking Survivors

WASHINGTON, DC: Congressman Derek Schmidt (KS-02) today announced he has cosponsored the Trafficking Survivors Relief Act. The bipartisan legislation would provide federal criminal record relief to survivors of human trafficking who committed a non-violent offense as a direct result of having been a victim of trafficking.

"As Kansas's top law enforcement official for more than a decade, I know firsthand the effects of human trafficking last long past the time victims are removed from trafficking," Congressman Schmidt said. "As we work to end the scourge of human trafficking in Kansas and across our country, we must also ensure we're adequately caring for victims. Crimes committed by victims due to threats and coercion should be considered differently by federal courts, which is why I'm joining my colleagues on this commonsense measure."

BACKGROUND

Human trafficking remains a widespread crisis across our country. Traffickers often force or coerce their victims into committing crimes such as financial fraud, drug-related offenses, and identity theft. As a result, many trafficking survivors face arrest, conviction, and incarceration-often without recognition of their victim status.

Originally introduced by Representatives Russell Fry (SC-07), Ted Lieu (CA-36), Ann Wagner (MO-02), and Robert Garcia (CA-42), H.R. 1379, the Trafficking Survivors Relief Act of 2025, would establish an affirmative defense to provide survivors with the opportunity to defend against charges that arose directly from their trafficking. This legislation would provide critical relief through vacatur, expungement, and sentencing mitigation for survivors who have already been convicted because of their trafficking victimization.

Specifically, for a court to grant a motion to vacate a conviction or expunge an arrest, a defendant must show by a preponderance of the evidence that the offense was committed as a direct result of having been a victim of trafficking. Additionally, the defendant must establish, by clear and convincing evidence, that the defendant was a victim of human trafficking at the time the offense was committed.

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