BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 674 (De León) - Victims of crime: nonimmigrant status ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 27, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 4, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 674 would provide that upon the request of a victim or victim's family member, a certifying official from a certifying entity, as defined, is required to certify "victim helpfulness" on the Form I-918 Supplement B (Form I-918B), when the victim was a victim of a qualifying criminal activity and has been helpful, is being helpful, or is likely to be helpful to the detection or investigation or prosecution of that criminal activity. This bill would specify timelines within which a certifying entity must process a Form I-918B request and would require a certifying entity that receives a request for a Form I-918B certification to report to the Legislature on or before January 1, 2017, and annually thereafter, on the number of Form I-918B certifications requested, signed, and denied. Fiscal Impact: SB 674 (De León) Page 1 of ? TCVAP benefits : Potentially significant future increase in annual state costs (General Fund) for the Trafficking and Crime Victims Assistance Program (TCVAP), which provides state-funded benefits (including cash assistance, services, child care, and food benefits), to the extent a greater number of victims are able to file formal U Visa applications. Applicants are eligible for TCVAP when a U Visa application has been filed with USCIS, and eligibility continues until and unless a recipient's application for a U Visa has been finally administratively denied. For every 100 new cases, annual costs could range from $0.7 million to $1.6 million (General Fund). Form I-918B certification process : Potential future cost pressure on certifying entities to implement the process, including but not limited to the specified timelines within which to process requests. To the extent the new requirements are determined to place a higher level of service on local agencies than required under federal law, local agency expenditures could qualify as a reimbursable state mandate (General Fund). Annual report : Likely minor costs to state and local agencies acting as certifying entities to compile and submit the annual report to the Legislature. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could only claim reimbursement of costs incurred if $1,000 or more (General Fund). State agency certifying entities : Minor impact to the Department of Fair Employment and Housing, the Department of Industrial Relations, and the Department of Justice. Background: Existing federal law provides for U nonimmigrant status, which is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa (U Visa) with the passage of the Victims of Trafficking and Violence Protection Act in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime. The U Visa extends critical protections to immigrant crime SB 674 (De León) Page 2 of ? victims by providing temporary lawful status as a "U nonimmigrant" for up to four years, work authorization, and an opportunity to adjust to lawful permanent resident status. To apply (petition) for a U Visa from the U.S. Citizenship and Immigration Services (USCIS), a petitioner must submit a Form I-918, Petition for U Nonimmigrant Status (Form I-918) to request temporary immigration benefits as a victim of certain qualifying criminal activity, as well as obtain a certification on the Form I-918 Supplement B, U Nonimmigrant Status Certification (Form I-918B) from a certifying agency, which must be a federal, state, or local law enforcement agency, prosecutor, or authority, or federal or state judge, authorized to a certify that the petitioner submitting the Form I-918 is a victim of certain qualifying criminal activity and is, has been, or is likely to be helpful in the investigation or prosecution of that criminal activity. Without a completed Form I-918B, a U Visa application is not considered complete. This bill creates a rebuttable presumption that when specified factors are met, a victim or victim's family member shall have their Form I-918B certified to enable application for a U Visa. Proposed Law: This bill would provide that upon the request of the victim or the victim's family member, a certifying official from a certifying entity shall certify victim helpfulness on the Form I-918B when the victim was a victim of a qualifying criminal activity and has been helpful, is being helpful or is likely to be helpful in the detection or investigation or prosecution of that qualifying criminal activity. This bill: Provides that for the purposes of determining helpfulness there is rebuttable presumption that a victim is helpful, has been helpful, or is likely to be helpful to the detection or investigation or prosecution of that qualifying criminal activity, if the victim was not refused or failed to provide information and assistance reasonably requested by the law enforcement. Provides that a certifying entity shall process a Form I-918B certification within 90 days of the request unless the noncitizen is in removal proceedings in which case the SB 674 (De León) Page 3 of ? certification shall be processed within 14 days of request. Provides that a current investigation, filing of charges and a prosecution or conviction are not required for the victim to request and obtain a Form I-918B certification from a certifying official. Provides that a certifying official may only withdraw the certification if the victim refuses to provide information and assistance when reasonably requested. Specifies that a certifying entity is prohibited from disclosing the immigration status of a victim or person requesting the Form I-918B certification, except to comply with federal law or legal process or if authorized by the person requesting the certification. Provides for a certifying entity that receives a request for a Form I-918B certification to report to the Legislature annually beginning on January 1, 2017, the number of victims that requested Form I-918B certifications from the entity, the number of those that were signed and the number that were denied. Defines "certifying entity" as: o A state or local law enforcement agency; o A prosecutor; o A judge; o Any other authority that has responsibility for the detection or investigation or prosecution of a qualifying crime or criminal activity; and, o Agencies that have criminal detection or investigative jurisdiction in the respective areas including but not limited to, child protective services, the Department of Fair Employment and Housing, and the Department of Industrial Relations. Defines "certifying official" as any of the following: o The head of the certifying entity; o A person in a supervisory role who has been designated to issue Form I-918 Supplement B certification; o A judge; o Any other certifying official as defined under federal law. Related Legislation: None applicable. SB 674 (De León) Page 4 of ? Staff Comments: This bill will potentially result in a greater number of Form I-918B certifications completed, enabling a greater number of victims to submit formal U Visa applications to USCIS for consideration. As a result, a greater number of victims and their family members may become eligible for state-funded TCVAP benefits. The TCVAP, which is administered by the Department of Social Services (DSS), was authorized by SB 1569 (Chapter 672/ 2006) and became effective on January 1, 2007. This program assists eligible non-citizen victims of human trafficking and domestic violence or other serious crimes by providing them with state-funded benefits and services. Under TCVAP, eligible trafficking (T Visa) and serious crime (U Visa) victims may receive benefits and services under the following state-funded programs: TCVAP Cash Assistance (for single adults or families without children), California Food Assistance Program (CFAP), Cash Assistance Program for Immigrants (CAPI), CalWORKs, and In-Home Supportive Services (IHSS). The TCVAP-eligible persons may also receive state-funded Medi-Cal that is administered by the Department of Health Care Services (DHCS). Data from the DSS indicates over 5,600 crime victims (under U Visa) served under the TCVAP cash assistance and CalWORKs programs between July-December 2014. According to the DSS implementing instructions for the TCVAP (ACL 06-60, December 21, 2006), victims are eligible when a U Visa application has been filed with USCIS, or if a U Visa has been granted. In determining potential eligibility for these applicants, county welfare agencies are required to verify that an application for a U Visa has been filed (which would include a copy of the Form I-918B certification). Eligibility for state-funded services continue until and unless the recipient's application for a U Visa has been finally administratively denied. While the magnitude of the potential increase is unknown, for every 100 new cases, annual costs could range between $0.7 million and $1.6 million (General Fund), dependent on the services provided. USCIS data indicates a current backlog of pending U Visa applications of over 79,000 nationwide as of 2014, likely due in part to the cap on visa issuances of 10,000 annually. As a result, the TCVAP caseload is estimated to cumulatively increase SB 674 (De León) Page 5 of ? as eligibility extends until an applicant receives a final administrative denial. To the extent the federal cap on U Visa issuances remains unchanged, the backlog of pending applications could continue to increase. According to the U.S. Department of Homeland Security (DHS) publication, U Visa Law Enforcement Certification Resource Guide, "Across the United States, law enforcement agencies have taken different procedural approaches to U visa certifications. DHS does not endorse or recommend any particular practice, as the certifying agency has the sole authority on the policies and procedures it will use in signing law enforcement certifications." This bill requires certifying entities to meet specified processing timelines of within 90 days or within 14 days of a request, as specified. The potential cost pressure on workload would vary by agency dependent on the volume of requests received. To the extent this requirement is determined to place a higher level of service on local agencies than required under federal law, local agency expenditures could potentially qualify as a reimbursable state mandate (General Fund). Staff notes, as drafted, it is unclear whether a certifying entity would be required to certify a Form I-918B for a qualified victim regardless of whether the certifying entity is responsible for the investigation or prosecution of the qualifying criminal activity. An informational notice from the Los Angeles City Attorney's Office notes that in order for the City Attorney's Office to sign the form, the case in which the person was a victim must have been handled by the City Attorney's Office. Statements from the notice: "The case in which you were a victim must have been handled by the Los Angeles City Attorney's Office. That means that the law enforcement agency that responded to the crime was Los Angeles Police Department. If your case was handled by the Sheriff's Department or by any other police department, then this is not the correct office for you to ask for help." "If your client was helpful to the Los Angeles Police Department and not the Los Angeles City Attorney's Office, then your SB 674 (De León) Page 6 of ? request should be made directly to the Los Angeles Police Department. This Office will not certify based on helpfulness to the police department alone." To the extent the provisions of this bill require local agencies to change current policies and practices, any workload and associated costs that are determined to place a higher level of service on local agencies could potentially qualify as a reimbursable state mandate (General Fund). Given the scope of information required to be reported, state and local agencies acting as certifying entities are estimated to incur minor costs to compile and submit the annual report to the Legislature. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could only claim reimbursement of costs incurred of $1,000 or more (General Fund). -- END --