California SB 674 mandates that agencies process certification of the U Visa

Having taken effect January 1, 2016 a new California law, SB 674: Immigrant Victims of Crime Equity Act grants urgently needed help to immigrant crime victims and their families.

The U Visa Certification Requirement

Under Federal Law, noncitizen victims of certain crimes may be eligible for a pathway to a green card under a U visa. The U visa was created to assist law enforcement investigation and prosecution of crime by providing noncitizen victims of certain crimes who cooperate with law enforcement a pathway to a green card under a U visa. The U visa requires that law enforcement certify the noncitizen was a victim of qualifying crime and that the noncitizen is being cooperative and helpful to law enforcement officials. However, too often – especially in California – law enforcement agencies are unresponsive or unwilling to certify eligible and helpful noncitizens with their U visa certification requests.

SB 674 To The Rescue!

SB 674 accomplishes 3 very important things:

(1) Victim Helpfulness: under SB 674 law enforcement entities throughout California are required to certify helpfulness when the crime victim requests a certification, is a victim of a qualifying crime, and has been helpful, is being helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity; the law assumes that the victim is helpful if there is no evidence that the victim refused cooperation with the relevant authorities;

(2) Certification Requests: SB 674 mandates that agencies process certification requests within 90 days, or within 14 days if the person is in removal proceedings; it also provides that a victim can request and obtain a certification even if no charges were ever filed, no conviction resulted or the investigation is over.

(3) Data Collection: SB 674 requires law enforcement agencies to report back to the legislature annually regarding the number of certification requests received, signed and denied.

Which law enforcement agencies does SB 674 apply to?

The law applies to all California certifiers, including: State and local law enforcement agencies, Prosecutors, Judges, child protective services, Department of Fair Employment and Housing, and the Department of Industrial Relations; and any other authority responsible for the detection or investigation or prosecution of a qualifying crime or criminal activity.

Importantly, SB 674 provides an important opportunity for crime victims who requested U visa certification in the past, and who believe that they were erroneously denied, to request certification anew.