BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 674 (De León) - Victims of crime:  nonimmigrant status
          
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          |Version: February 27, 2015      |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 4, 2015       |Consultant: Jolie Onodera       |
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          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:  







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            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  








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          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  








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            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.









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          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  








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          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  








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          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).





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