HB1838 establishes a statewide framework in Hawaii for how state and county “certifying entities” handle requests for U visa and T visa certifications for noncitizen victims of crime and trafficking. The bill defines who may act as a certifying official, requires each entity to adopt a public written policy and request process, and sets deadlines for responding to certification requests: generally 45 calendar days, or 14 days in expedited situations involving removal proceedings or an age-out deadline for a qualifying family member.
The measure also creates procedural protections for applicants. It requires written notice of any denial, allows re-evaluation with additional evidence, and permits judicial review in circuit court if a request is denied or not timely acted on. Courts may review the matter de novo, seal records, and, if the certification was wrongfully withheld, execute the certification or order it completed. The bill further requires confidentiality of immigration-related information, language access protocols, annual reporting to the Attorney General, and training for certifying entities based on existing national curricula.
Impact
The bill adds a new chapter to the Hawaii Revised Statutes governing immigration-status certifications for U and T visas. It standardizes agency practices across state and county entities, limits agencies from imposing requirements more restrictive than federal law, and removes any time limit based on when the underlying crime occurred or whether a case is closed. It also creates a reporting and oversight structure through the Department of the Attorney General and authorizes fee awards for prevailing petitioners in judicial review actions.
Sentiment
The bill appears to have been broadly supported and moved with unanimous or near-unanimous votes in the Senate committees and conference process, with no recorded dissent in the provided vote history. The legislative findings frame the measure as a justice- and victim-centered response to inconsistent access to U and T visa certifications across jurisdictions. The absence of committee transcript opposition suggests the overall sentiment was favorable, with emphasis on uniformity, training, and access to relief for victims.
Contention
The main policy issue underlying the bill is not whether U and T visa certifications should exist, but how much discretion local certifying entities should retain in deciding whether to sign them. The bill responds to concerns that some agencies are reluctant to certify victims because of misunderstanding, resource constraints, or inconsistent practices, and it addresses that by imposing deadlines, a rebuttable presumption of helpfulness, and judicial review. Potential points of contention include the bill’s limits on agency discretion, the requirement to respond quickly in expedited cases, and the possibility of court-ordered certification and attorneys’ fees, which may be viewed as increasing administrative and legal obligations on law enforcement, prosecutors, judges, and other certifying entities.
To Create The Only Citizens Vote Act; To Amend The Law Concerning The Driver's Licenses And Identification Cards Of Certain Noncitizens; And To Amend Arkansas Constitution, Amendment 51, Section 13.