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New York needs to repeal "loitering for the purpose of prostitution,” aka the "walking while trans" law. A tight fitting dress shouldn't lead to arrest. NY also needs to expand criminal record relief for survivors of trafficking. Survivors shouldn't have a record for forced acts. 
New York’s “loitering for the purposes of prostitution” law, aka the “walking while trans” law, has been used to target women, particularly transgender women of color, who gather in public in certain communities. Individuals have been arrested for wearing tight fitting clothing.
According to the New York State Division of Criminal Justice Services, there has been a 120% increase in arrests for loitering for the purpose of prostitution in 2018. 152 people were arrested: 49% Back, 42% Hispanic, and 7% white.
"More than half of the 2018 loitering arrests occurred in Queens, where attorneys say they’re concentrated in the immigrant-heavy neighborhoods of Jackson Heights, Elmhurst and Jamaica. Nearly a quarter took place in the Bronx and Brooklyn, respectively." documentedny.com/2018/12/19/sur…
New York’s “loitering for the purposes of prostitution” law, aka the “walking while trans” law, is used by cops to harass & demean women & TGNC people as well as coerce sexual favors from women in exchange for not being arrested—interactions which aren't captured in arrest data.
New York’s “loitering for the purposes of prostitution” law, aka the “walking while trans” law, needs to be repealed so that police officers will no longer be able to use a woman’s clothing as probable cause to stop, search, and arrest her.
New York’s “loitering for the purposes of prostitution” law, aka the “walking while trans” law, needs to be repealed so that already marginalized communities will no longer be arrested or given a criminal record for an arbitrary and gendered penal law.
It is especially important for immigrant communities that New York repeals the “loitering for the purposes of prostitution” law, aka the “walking while trans” law, because any arrest can place a person in a database that is accessible to ICE.
New York also needs to expand criminal record relief for survivors of human trafficking. Survivors of trafficking shouldn't have a criminal record for acts they were forced to commit.
In 2009, New York became the first state in the nation to pass a vacatur law allowing trafficking survivors to vacate or clear certain convictions where the conviction resulted from their victimization.
The New York vacatur law for survivors of trafficking, however, only allows for the vacatur of prostitution-related offenses and does not cover all offenses committed as a result of being trafficked. Since its passage, other states have passed more expansive vacatur legislation.
As it stands, the current New York vacatur law for survivors of trafficking does not address the myriad of offenses that traffickers force human trafficking victims to commit and as a result provides incomplete relief for many trafficking survivors.
A 2016 National Survivor Network survey found that over 90% of respondent human trafficking survivors had faced arrest. 60% of those arrested were for offenses other than prostitution. These commonly include arrests for drugs, theft, weapons possession, and false documents.
New York now has a bill (S4981a / A6983a) that would allow vacatur of all convictions where the offense was a result of being a trafficking victim. The bill would also ensure that all court documents filed by survivors of trafficking are kept confidential.
This amendment to the New York vacatur law for survivors of trafficking also makes clear that trafficking survivors do not need to demonstrate rehabilitation in order to be eligible for relief. This is critical and consistent with the original intent and purpose of the law.
Passing this amendment to the New York vacatur law for survivors of trafficking would eliminate the life-long, detrimental effects of having a criminal record, which limits access to employment and educational opportunities, financial resources, and housing.
Passing this amendment to the New York vacatur law for survivors of trafficking could also potentially lessen the severe immigration consequences that can result from having a criminal record.
