Bill > HB1838

This bill establishes uniform statewide policies and processes for issuing U or T visa certifications to noncitizen victims of crime, ensuring consistency with federal laws and regulations. U visas and T visas are federal immigration statuses designed to protect noncitizen victims who cooperate with law enforcement in the investigation or prosecution of crimes, such as violent offenses or human trafficking, allowing them to remain in the U.S. and potentially gain permanent residency. The bill mandates that each state and county entity authorized to issue these certifications, referred to as a "certifying entity," must adopt its own written policy and process for handling requests, which must be publicly available and include procedures for victims to apply. These policies must not impose requirements stricter than federal law and must include specific timeframes for responding to certification requests, with expedited processing for victims in deportation proceedings or those with imminent eligibility deadlines for family members. If a request is denied, the certifying entity must provide a written explanation and allow for re-evaluation, and victims can seek judicial review if their request is denied or not processed within the specified timeframes. The bill also requires certifying entities to maintain records of requests and denials, report this data annually to the Attorney General, and mandates the Attorney General to provide training to all certifying entities and officials on U and T visa certification requirements.