HB1838 HD2

SECTION 1. The legislature finds that U nonimmigrant status (U visa) and T nonimmigrant status (T visa) are crimefighting tools created by the United States Congress to enhance access to justice and humanitarian relief for noncitizen victims of crime. Both U and T visas provide a nonimmigrant temporary status that allows noncitizen survivors of crime to stay in the United States, obtain employment authorization, apply for lawful permanent resident status, and help certain family members obtain immigration status.

The U visa is intended to protect survivors of certain crimes who have courageously reported the crime or assisted in the criminal investigation or prosecution. For an immigrant survivor of crime to qualify for U nonimmigrant status, a certifying entity, such as a law enforcement agency, prosecutor, judge, or other government agency authorized under federal law to sign U visa certifications, must complete Form I-918, Supplement B, attesting to the survivor's assistance in the detection, investigation, or prosecution of the crime, and the certification is an essential prerequisite to the filing of a petition to the United States Citizenship and Immigration Services (USCIS) for U nonimmigrant status.

The T visa provides similar relief to victims of severe forms of human trafficking who assist in the detection, investigation, or prosecution of trafficking crimes. For a noncitizen survivor of trafficking to qualify for T nonimmigrant status, a T visa certification on Form I-914, Supplement B, signed by a law enforcement agency, prosecutor, judge, or other government agency authorized under federal law to sign T visa certifications, is an optional and primary form of evidence submitted to USCIS to demonstrate the survivor's victimization and cooperation.

The legislature further finds that law enforcement agencies, prosecutors, judges, and other state and county entities authorized to sign U and T visa certifications under federal law are not mandated by federal law to complete or sign Form I-918, Supplement B, or Form I-914, Supplement B, on behalf of victims, even if the petitioners are assisting in the detection, investigation, prosecution, conviction, or sentencing of the case and qualify for U or T nonimmigrant status, and that some entities are resistant to certifying victim helpfulness due to a lack of understanding about the U or T nonimmigrant application process or a lack of resources, among other reasons. Absent uniform standards for U and T visa certifications, noncitizen victims statewide face inconsistent access to justice.

Therefore, the purpose of this Act is to:

(1) Establish uniform statewide requirements for policies and processes for the issuance of U and T visa certifications for noncitizen victims of crime that are consistent with federal laws and regulations governing U and T visas;

(2) Require each state and county certifying entity to adopt a policy and process for the issuance of U and T visa certifications, consistent with uniform statewide requirements; and

(3) Appropriate funds for the department of the attorney general to provide training to certifying entities and certifying officials on all federal and state requirements for U and T visa certifications.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

IMMIGRATION STATUS; U VISAS; T VISAS

§ -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Certifying entity" means any state or county entity that is authorized under federal law to issue U or T visa certifications, excluding state courts.

"Certifying official" means:

(1) The head of a certifying entity;

(2) A person employed in a supervisory role specifically designated by the head of a certifying entity to respond to requests for U or T visa certifications; or

(3) A state or county prosecutor.

"Qualifying criminal activity" and "qualifying crime" have the same meaning as qualifying criminal activity pursuant to title 8 United States Code section 1101(a)(15)(U)(iii).

"T visa" means the type of nonimmigrant visa defined in title 8 United States Code section 1101(a)(15)(T).

"U or T visa certification" means a written certification or declaration executed on a form prescribed by federal immigration authorities that is required for a U visa or considered by federal immigration authorities for a T visa.

"U visa" means the type of nonimmigrant visa defined in title 8 United States Code section 1101(a)(15)(U).

§ -2 Written policy and process. Each certifying entity shall adopt a written policy and process to assist individuals in obtaining U or T visa certification, as applicable, consistent with the requirements of this chapter. The policy shall be made publicly available and shall include procedures for victims or their representatives to request U or T visa certification. Each certifying entity shall designate at least one certifying official to review and respond to U and T visa certification requests.

§ -3 Time period for response. The certifying official shall either complete the U or T visa certification or deny the request for U or T visa certification within forty-five calendar days of receiving the request. If the noncitizen victim requesting certification is in federal removal, exclusion, or deportation proceedings or is subject to a final order of removal, exclusion, or deportation, or if a qualifying family member of the victim will become ineligible for U or T nonimmigrant status or benefits by virtue of age within one hundred twenty days, the certifying official shall either complete the U or T visa certification or deny the request for U or T visa certification within fourteen calendar days of receiving the request.

§ -4 Notice of denial; requirements. If a certifying official denies a requested U or T visa certification, the certifying entity shall provide the requester with a written notification of the denial and the reasons for the denial within the same time periods as those set forth in section -3 for responses to requests for U or T visa certification. The written notification of denial shall also include a statement that the requester may request a re-evaluation by the certifying entity and submit new or additional evidence satisfying the requirements for certification within forty-five calendar days upon receipt of the denial. Upon receipt of a request for re-evaluation and any new or additional evidence, the certifying entity shall accept and consider the request and shall respond within the same time periods as those set forth in section ‑3. No requester shall be required to seek re-evaluation before filing an action seeking judicial review in the circuit court pursuant to section -9.

§ -5 Determination of helpfulness. For purposes of determining helpfulness for a request for U or T visa certification, there is a rebuttable presumption that a victim is helpful, has been helpful, or is likely to be helpful to the investigation or prosecution of that qualifying criminal activity if the victim has not refused or failed to provide information and assistance reasonably requested by law enforcement. The existence of a current investigation, the filing of charges, the apprehension of a suspect who committed the qualifying crime, or a prosecution or conviction of a suspect who committed the qualifying criminal activity shall not be required for a certifying official to certify victim helpfulness.

§ -6 No additional or more restrictive requirements; no statute of limitations. (a) No certifying entity shall impose requirements for U or T visa certification that are additional to or more restrictive than those under federal law.

(b) There shall be no statute of limitations regarding when a qualifying criminal activity occurred relative to the request for certification of victim helpfulness. No request for certification of victim helpfulness shall be denied solely based on the length of time that has passed since the crime occurred or because a case was closed or suspended.

§ -7 Confidentiality of information. Each certifying entity shall keep confidential the immigration status and personal identifying information of any victim who requests U or T visa certification. Such information shall not be disclosed except as required by federal law or court order, or upon the written consent of the victim consistent with the requirements and objectives of title 8 United States Code section 1367 and title 34 United States Code section 12291(b)(2).

§ -8 Language access protocols. Each certifying entity shall implement language access protocols to ensure that a victim with limited English proficiency is able to request and obtain U or T visa certification.

§ -9 Judicial review. (a) If a certifying entity or certifying official fails to respond within the applicable time periods set forth in section -3 or denies a requested U or T visa certification, the requester may seek judicial review by filing an action in the circuit court within ninety days of the denial or expiration of the statutory timeframe for response.

Any petition for judicial review filed pursuant to this subsection may be filed with a motion to seal the petition, the record of all hearings and all other pleadings and papers filed, and orders entered in connection with the petition. The court may temporarily seal the petition and all related records while it considers a motion to seal. The petition and related records shall be kept under seal unless otherwise ordered by the court after considering the requirements and objectives of title 8 United States Code section 1367 and title 34 United States Code section 12291(b)(2).

(b) Upon the filing of an action pursuant to subsection (a), the court shall review the U or T visa certification request de novo. If the court finds that the petitioner was a victim of qualifying criminal activity and has complied with the requirements for U or T visa certification and that the certification was wrongfully withheld or denied, the court may execute the certification as a certifying official or direct the certifying entity or certifying official to complete the certification.

(c) In any action brought under this section, the court shall award reasonable attorney's fees and costs to the petitioner if the petitioner prevails.

§ -10 Reports; certifying entities; department of the attorney general. (a) Each certifying entity shall maintain a record of all requests for U and T visa certifications. Beginning July 1, 2027, each certifying entity shall submit an annual report to the department of the attorney general detailing for the prior calendar year:

(1) The number of U and T visa certification requests received;

(2) The number of U and T visa certification forms signed;

(3) The number of U and T visa certification requests denied;

(4) The reasons for any denials of U and T visa certification requests;

(5) The average length of time taken to process certification requests; and

(6) The number of cases in which expedited processing was requested and the outcomes of those cases.

(b) The department of the attorney general shall:

(1) Aggregate the information in the reports submitted by the certifying entities pursuant to subsection (a); and

(2) No later than twenty days prior to the convening of each regular session, beginning with the regular session of 2028, submit a report to the legislature, which may include statistics, an overview of training programs and participation levels in each county, and any recommendations to improve the effectiveness or implementation of this chapter.

§ -11 Training; department of the attorney general. (a) The department of the attorney general shall provide training to all certifying entities and certifying officials on the federal and state requirements for U or T visa certification.

(b) The department of the attorney general shall ensure that the training is eligible for continuing legal education credits for attorneys and professional development credits for law enforcement officers. The training shall be made available to all certifying entities and certifying officials."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the department of the attorney general to provide training to certifying entities and certifying officials on all federal and state requirements for U and T visa certifications.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1838
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII