Statement on Signing the Trafficking Victims Protection Act of 2017
Issued 2018-12-21 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Trump signed the Trafficking Victims Protection Act of 2017 into law on December 21, 2018, while issuing a statement raising concerns about one provision. The law aims to strengthen the government's efforts to combat human trafficking. A specific section of the law requires the Department of Justice to take steps to avoid arresting, charging, or prosecuting human trafficking victims for offenses that directly resulted from their victimization.
The President stated a constitutional concern with this requirement, saying his administration would interpret it in a way consistent with the executive branch's prosecutorial discretion and his constitutional responsibility to faithfully execute the laws. This type of statement, issued when signing a bill into law, allows presidents to express objections to specific provisions even as they approve the overall legislation.
The constitutional propriety of such signing statements has been debated. Some critics argue they effectively function as an unconstitutional line-item veto, allowing presidents to selectively enforce parts of laws. Supporters contend presidents have a legitimate duty to identify constitutional concerns and that these statements are a proper form of executive interpretation. The legal weight depends on whether the statement announces non-enforcement or simply records the President's views.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This signing statement ("Statement on Signing the Trafficking Victims Protection Act of 2017") was issued alongside a bill the President signed into law. Signing statements allow presidents to express constitutional or policy objections to specific provisions of legislation they have just signed. Their legal weight and constitutional propriety have been contested since the practice became common in the 1980s.
Critics — including the American Bar Association — argue that using signing statements to announce an intent to not enforce portions of a law effectively creates a line-item veto, which the Supreme Court ruled unconstitutional in Clinton v. City of New York (1998). Defenders argue presidents have a duty to identify constitutional concerns and that signing statements are a legitimate form of executive interpretation. The constitutional propriety depends on whether this specific statement announces non-enforcement or merely records the President's views.
Official Summary
Administration of Donald J. Trump, 2018 Statement on Signing the Trafficking Victims Protection Act of 2017 December 21, 2018 Today, I have signed into law S. 1312, the "Trafficking Victims Protection Act of 2017" (the "Act"). The Act represents an important step in bolstering the United States Government's efforts to combat human trafficking. The Act, however, raises a constitutional concern. Section 502 of the Act requires the Department of Justice to take "affirmative measures to avoid arresting, charging, or prosecuting human trafficking victims for any offense that is the direct result of their victimization." My Administration will interpret this provision consistent with the prosecutorial discretion of the executive branch and the President's constitutional responsibility to faithfully execute the laws of the United States. D ONALD J. T RUMP The White House, December 21, 2018. N OTE : S. 1312, approved December 21, was assigned Public Law No. 115–393. Categories: Bill Signings and Vetoes : Trafficking Victims Protecti