BILL ANALYSIS Ó
SB 674
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Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 674
(De León) - As Introduced February 27, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill requires specified agencies, upon the request of an
immigrant victim of specified crimes, to certify within 90 days
of the request, the victim's helpfulness on the applicable form
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(Form I-918 Supplement B certification) so that the victim may
apply for a U-visa to temporarily live and work in the United
States. The certifying entity is required to submit a specified
annual report to the Legislature before January 1, 2017, and
annually thereafter.
FISCAL EFFECT:
Moderate local reimbursable state mandated costs in excess of
$300,000 by establishing a time-frame for certifying entities to
process Form I-918 Supplement B requests, and for local
certifying entities to report annually to the Legislature.
During a six-year period, annual certifications provided by the
cities of Los Angeles and Oakland were 764 and 500,
respectively. If the cost to provide the certification were
$25, the reimbursable mandate to these two cities would be
$31,600. There are 58 counties and 482 cities and each of them
has at least one "agency" that qualifies as a certifying agency.
It is reasonable to assume that the number of certifications
statewide would be at least ten times those of the cities of Los
Angeles and Oakland combined. The reporting requirement
reimbursable costs will be minor.
Mandating compliance with federal law is not a reimbursable
mandate. However, federal law does not impose a timeframe, nor
does it require an annual report.
COMMENTS:
1)Purpose. The Victim of Crime Visa, also referred to as the
U-Visa, is available to immigrants who are victims of certain
crimes committed in the United States - rape, incest, sexual
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assault, torture, or domestic violence, for example. The
bearer of a U-Visa gets relief from deportation and permission
to work in the United States. Federal immigration authorities
make the determination of whether a victim of crime qualifies
for a U-Visa. However, in order for the victim to apply to
the federal government for the U-Visa, the victim must receive
a certification from law enforcement, a prosecutor, or a
judicial officer. The document, Form I-918 Supplement B,
certifies that the individual was a victim of a qualifying
crime, and the certification must state that the victim was
helpful or likely helpful to the prosecution or investigation
of the crime.
According to the author, there are some local law enforcement
agencies that do an exemplary job granting certifications.
But there are other law enforcement agencies that
systematically deny certifications on the basis of political
views on immigration matters. Effectively, these agencies are
making the determination of whether one belongs in this county
or not, irrespective of the crime that has been committed
against an immigrant and irrespective of whether that victim
was helpful to law enforcement.
SB 674 makes clear all entities that can certify victim
helpfulness, and that they must certify within 90 days of the
request the victim's helpfulness, if the victim was a victim
of one of the qualifying crimes. SB 674 specifies a 14-day
time frame if the victim is in deportation proceedings.
The "certifying entity includes any of the following:
a) A state or local law enforcement agency;
b) A prosecutor;
c) A judge;
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d) Any other authority that has responsibility for the
detection or investigation or prosecution of a qualifying
crime or criminal activity; or
e) Agencies that have criminal detection or investigative
jurisdiction in their respective areas of expertise,
including, but not limited to, child protective services,
the Department of Fair Employment and Housing, and the
Department of Industrial Relations.
1)Argument in Support: According to the Immigrant Legal
Resource Center, "Victims of certain crimes may be eligible
for legal status through a U-Visa. However, a problem these
victims are facing in California is that some entities that
can certify victim helpfulness refuse to even consider signing
Form I-918 Supplement B certifications. Others place their own
restrictions on which victims can receive the certification.
These refusals arbitrarily prevent these victims from seeking
relief to stay in this country. This bill is necessary to
bring consistent treatment and equity to victims of crime and
require that all certifying entities certify victim
helpfulness in a consistent and fair manner."
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081
SB 674
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