Victims and Witnesses - U Nonimmigrant Status - Certification of Victim Helpfulness
Summary
SB 553 revises Maryland’s rules for certifying victim helpfulness for purposes of a federal U nonimmigrant status petition. The bill changes the standard for when a victim, or in some cases the victim’s parent, guardian, or next friend, is considered helpful, has been helpful, or is likely to be helpful to law enforcement. Under the bill, helpfulness is presumed if the person has not refused or failed to provide information and assistance reasonably requested by law enforcement, replacing the prior broader language tied to assisting or likely assisting authorities.
The bill also shortens the time a certifying entity has to act on a request for a Form I-918 Supplement B certification. In most cases, the entity must certify or deny the request within 30 days instead of 90 days, and within 7 days instead of 14 days when the noncitizen victim is in removal, exclusion, or deportation proceedings or subject to a final order. It further requires certifying officials to include specific details about the crime, the victim’s helpfulness, and supporting documents, and it directs certifying entities to develop protocols to assist petitioners with limited English proficiency.
Impact
SB 553 would amend § 11-931 of the Criminal Procedure Article to make Maryland’s U visa certification process more structured and faster. It creates a rebuttable presumption of helpfulness based on whether the victim or representative has refused or failed to provide reasonably requested assistance, imposes shorter certification deadlines, and adds a new requirement that certifying entities create limited-English-proficiency assistance protocols. The bill also preserves existing provisions allowing certification without a current investigation, charge, prosecution, or conviction, and it maintains confidentiality and good-faith immunity rules for certifying entities and officials.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or opposition in the supplied materials. Based on the bill text, the measure appears designed to streamline access to U visa certifications and reduce delays for immigrant victims cooperating with law enforcement, suggesting a generally pro-victim and pro-access policy orientation. The absence of recorded opposition or amendments in the provided context limits any stronger conclusion about legislative sentiment.
Contention
The main policy tension in SB 553 is between easing access to U visa certifications for victims and preserving discretion for law enforcement certifying entities. The bill narrows the helpfulness inquiry into a rebuttable presumption and imposes much shorter response deadlines, which may be viewed as reducing agency flexibility. Another likely point of concern is the new requirement to develop protocols for limited English proficiency petitioners, which could raise implementation and administrative burden questions for certifying agencies. No specific objections were documented in the provided materials, but these are the most apparent areas where disagreement could arise.