Victims and Witnesses - U Nonimmigrant Status - Certification of Victim Helpfulness
Summary
HB686 revises Maryland’s law governing certification of victim helpfulness for federal U nonimmigrant status (U visas). The bill changes the standard for when a victim, or a victim’s parent, guardian, or next friend, is considered helpful to law enforcement by creating a rebuttable presumption of helpfulness if the person has not refused or failed to provide information and assistance reasonably requested by law enforcement. It also clarifies that a current investigation, charges, prosecution, or conviction is not required to request the certification.
The bill shortens the time a certifying entity has to act on a request for a Form I-918 Supplement B certification from 90 days to 30 days, and from 14 days to 7 days when the noncitizen victim is in removal, exclusion, or deportation proceedings or subject to a final order. It also requires certifying entities to include more detailed information in the certification, and to develop protocols to help petitioners with limited English proficiency proceed under the section.
Impact
HB686 amends Criminal Procedure § 11-931, expanding and clarifying the process by which victims of qualifying crimes can obtain law enforcement certification needed for U visa petitions. The bill affects certifying entities and officials by imposing faster response deadlines, adding documentation expectations, and requiring language-access protocols. It also limits withdrawal of certifications to situations where assistance is refused when reasonably requested, and preserves existing confidentiality and immunity provisions with respect to good-faith compliance.
Sentiment
The bill appears generally supportive of immigrant victims and streamlined access to U visa certifications, with a policy emphasis on reducing delays and making the process more accessible. The sponsor list suggests broad support among delegates, and the bill’s structure indicates a pro-victim, pro-access approach rather than a punitive or restrictive one. No committee testimony or recorded votes were provided, so the available record does not show formal opposition or amendment debate.
Contention
The main points of potential contention are the shortened certification deadlines, the rebuttable presumption of helpfulness, and the added obligation for certifying entities to develop protocols for limited English proficiency petitioners. Critics could view these changes as increasing administrative burdens on law enforcement or local agencies and reducing discretion in evaluating cooperation. Supporters are likely to argue that the bill prevents unnecessary delays, protects vulnerable crime victims, and aligns state procedures with the practical needs of U visa applicants.