Bill > HB1838

This bill establishes uniform statewide policies and processes for issuing U visa and T visa certifications to noncitizen victims of crime, ensuring consistency with federal laws and regulations. U visas are for victims of certain crimes who cooperate with law enforcement, while T visas are for victims of severe human trafficking who also assist in investigations. The bill defines "certifying entity" as a state or county agency authorized to issue these certifications (excluding state courts) and "certifying official" as the head of such an entity, a designated supervisor, or a prosecutor. It mandates that each certifying entity adopt a public policy and process for handling certification requests, with a response required within 45 days, or 14 days in urgent cases. If a certification is denied, the entity must provide a written explanation and allow for re-evaluation. The bill creates a rebuttable presumption that a victim is helpful if they cooperate with law enforcement, and clarifies that a conviction or ongoing investigation is not required for certification. It prohibits certifying entities from imposing stricter requirements than federal law and removes any statute of limitations for these certifications, while also requiring confidentiality of victim information and language access protocols. Furthermore, it allows for judicial review of denials or unresponsiveness, with courts able to issue certifications if wrongfully denied, and mandates that prevailing petitioners receive attorney fees. Certifying entities must report annually on their U and T visa certification requests, and the Department of the Attorney General will compile this data and report to the legislature. Finally, the bill appropriates funds for the Department of the Attorney General to train certifying entities and officials on federal and state requirements for these certifications, with an effective date of July 1, 3000.

Budget and Finance, Business and Industry, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1838&year=2026