BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 674|
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THIRD READING
Bill No: SB 674
Author: De León (D)
Introduced:2/27/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/21/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 6-1, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
SUBJECT: Victims of crime: nonimmigrant status
SOURCE: Author
DIGEST: This bill creates a rebuttable presumption that when
certain factors are met a victim or victim's family member shall
have their Form I-918 supplement B certified so that he or she
can apply for a U Visa to stay in the United States.
ANALYSIS:
Existing federal law allows an immigrant who has been a victim
of a crime to apply for a U Visa when he or she has been helpful
to the investigation or prosecution of the criminal activity.
This bill:
1) Provides that upon the request of the victim or the
victim's family member a certifying official from a
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certifying entity shall certify victim helpfulness on the
Form I-918 supplement B 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.
2) 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 has not refused or failed
to provide information and assistance reasonably requested
by the law enforcement.
3) Provides that a certifying entity shall process a Form
I-918 Supplement B certification within 90 days of the
request unless the noncitizen is in removal proceedings in
which case the certification shall be processed within 14
days of request.
4) 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-918 Supplement B
certification from a certifying official.
5) Provides that a certifying official may only withdraw the
certification if the victim refuses to provide information
and assistance when reasonably requested.
6) Provides that a certifying entity is prohibited from
disclosing the immigration status of a victim or person
requesting the Form I-918 Supplement B certification, except
to comply with federal law or legal process or if authorized
by the person requesting the certification.
7) Provides for a certifying entity that receives a request
for a Form I-918 Supplement B certification to report to the
Legislature annually beginning on January 1, 2017, the
number of victims that requested Form I-918 Supplement B
certifications from the entity, the number of those that
were signed and the number that were denied.
8) Defines certifying entity as:
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A state or local law enforcement agency;
A prosecutor;
A judge;
Any other authority that has responsibility for the
detection or investigation or prosecution of a qualifying
crime or criminal activity; and,
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.
1)Defines certifying official as any of the following:
The head of the certifying entity;
A person in a supervisory role who has been designated
to issue Form I-918 Supplement B certification;
A judge; and,
Any other certifying official as defined under federal
law.
1) Defines qualifying criminal activity as including, but not
limited to, specified crimes.
2) Defines qualifying crimes as criminal offenses for which
the nature and elements are substantially similar to the
listed crimes and the attempt, conspiracy or solicitation to
commit any of those offenses.
Background
U Visa. In October 2000, Congress, as part of the
reauthorization of the Violence Against Women Act, created the U
Visa to provide immigrant crime victims an avenue to obtain
lawful immigration status and thus encourage cooperation with
law enforcement by undocumented victims of crime. In order to
qualify for a U Visa: the applicant must have suffered
substantial physical or mental abuse as a result of having been
a victim of certain qualifying activity; the applicant must
possess information concerning such criminal activity; the
applicant must be helpful, have been helpful, or likely to be
helpful in the investigation or prosecution of a crime; and the
criminal activity must have occurred in the U.S. or violated the
state or federal law of the United States.
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Certification. In order to apply for a U Visa, the qualified
immigrant victim must obtain a certification of a helpfulness
from a law enforcement official, prosecutor, judge or federal or
state agency authorized to detect investigate or prosecute any
of the criminal activities listed in the U Visa statute. This
certification form is called a Form I-918. While in some
jurisdictions the appropriate agencies have been supportive of
immigrant victims and have readily signed From I-918 when the
immigrant victims have been helpful, other jurisdictions have
shown a reluctance to sign these certification forms.
In some cities, police and prosecutors readily verify
that an undocumented crime victim cooperated; in others,
they stonewall. From 2009 through May 2014, law
enforcement in New York City verified 1,151 crime
victims, according to figures provided by federal
immigration authorities in response to public records
requests by Reuters. Meanwhile, police and prosecutors
verified 4,585 crime victims in Los Angeles, a city with
less than half of New York's population.
Oakland, California, has less than 5 percent of New
York's population, yet law enforcement there verified
2,992 immigrants during the same period - more than
twice as many. Sacramento, California, has a slightly
higher population than Oakland, but verified just 300
crime victims.
The federal data do not include the number of immigrants
whose requests for verification are ignored or denied by
the police. Nor is it possible to determine how many of
those would have ultimately been rejected anyway because
the applicant would not qualify under the program.
Victims of misdemeanor assault, for instance, do not
qualify.
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But wide variations in the numbers of certifications
among jurisdictions of similar size suggest that
thousands of victims of violent crimes who have embraced
the offer of a U Visa haven't got one. (Levine and
Cooke, Special Report: U.S. visa program for crime
victims is hit-or-miss prospect Reuters October 21,
2014)
This bill provides that when a victim, or victim's family
member, requests a certifying official to certify the Form I-918
there is a rebuttable presumption that the victim is helpful,
has been helpful or is likely to be helpful in the investigation
if the victim has not refused to provide information and
assistance as requested by law enforcement. The bill would also
require the form be filled out completely and within 90 days of
the request, unless the victim is in removal proceedings in
which case the form must be filled out within 14 days.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee analysis:
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
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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.
SUPPORT: (Verified 5/29/15)
ACLU
AFSCME
California Attorneys for Criminal Justice
California Immigrant Policy Center
California Partnership to End Domestic Violence
The Central American Resource Center
The Immigrant Legal Resource Center
Los Angeles Center for Law and Justice
YWCA of Glendale;
OPPOSITION: (Verified 5/29/15)
None received
ARGUMENTS IN SUPPORT:
According to the author:
The goal of SB 674, The Immigrant Victims of Crime
Equity Act is to ensure the maximum amount of immigrant
victims of crime in California have the opportunity to
apply for the federal U-Visa when the immigrant was a
victim of a qualifying crime and has been helpful or is
likely to be helpful in the investigation or
prosecution of that crime.
SB 674 creates equity in the granting of the
certifications of victim helpfulness that are essential
to the crime victim's U-Visa application filed with the
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USCIS. The Immigrant Victim of Crimes Equity Act
requires certifying entities to certify victim
helpfulness on the Form I-918 Supplement B
certification, upon the request of the victim or
victim's family member, when: (1) the victim was a
victim of a qualifying criminal activity and (2) has
been helpful, is being helpful, or is likely to be
helpful to the detection or investigation or
prosecution of that qualifying criminal activity.
Under the bill, the certifying entity must also process
the certification within a time limit and include
details about victim helpfulness.
Prepared by:Mary Kennedy / PUB. S. /
5/30/15 16:03:12
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