Bill Text: HI HR59 | 2024 | Regular Session | Amended

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Bill Title: Urging The Department Of Law Enforcement To Develop And Implement A U Visa Certification Policy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-04-04 - Resolution adopted in final form. [HR59 Detail]

Download: Hawaii-2024-HR59-Amended.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	59
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII

HOUSE RESOLUTION

 

 

URGING THE DEPARTMENT OF LAW ENFORCEMENT TO DEVELOP AND IMPLEMENT A U VISA CERTIFICATION POLICY.

 

 

 

     WHEREAS, Congress enacted the Victims of Trafficking and Violence Prevention Act of 2000 to encourage undocumented immigrant victims to report crimes, contribute to investigations and prosecutions, and support law enforcement efforts to investigate and prosecute crimes committed against undocumented immigrant victims by creating the U visa certification policy; and

 

     WHEREAS, the United States Department of Homeland Security has created the U Visa Law Enforcement Certification Resource Guide to assist local government jurisdictions in creating their own U visa certification document; and

 

     WHEREAS, in California, the Coroner Division of the Orange County Sheriff's Department has already implemented a U visa certification policy; and

 

     WHEREAS, the U visa is an immigration benefit for undocumented immigrant victims of certain crimes who will assist, are currently assisting, or have previously assisted law enforcement in the investigation or prosecution of these types of crimes; and

 

     WHEREAS, the U visa provides eligible undocumented immigrant victims with nonimmigrant status that allows them to temporarily remain and work in the United States while assisting law enforcement; and

 

     WHEREAS, undocumented immigrant victims may otherwise be reluctant to help in the investigation or prosecution of criminal activity for fear of removal from the United States; and

 

     WHEREAS, immigrants, especially women and children, can be particularly vulnerable to crimes like human trafficking, domestic violence, sexual assault, and other types of abuse; and

 

     WHEREAS, any eligible undocumented immigrant victim may apply for a U visa, which must first be certified by a qualifying agency, such as the Department of Law Enforcement, before being reviewed and acted upon by the United States Citizenship and Immigration Services; and

 

     WHEREAS, the certification verifies that a qualifying criminal activity occurred and that the victim was helpful or will be helpful in the investigation or prosecution of the qualifying crime; and

 

     WHEREAS, the State currently does not have a U visa certification policy in place; and

 

     WHEREAS, the State would benefit from having a U visa certification policy to ensure that victims of certain crimes have a safe opportunity to report these crimes without fear of deportation; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the Department of Law Enforcement is urged to develop and implement a U visa certification policy; and

 

     BE IT FURTHER RESOLVED that the Department of Law Enforcement is requested to submit:

 

     (1)  An interim report on the development of a U visa certification policy, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2025; and

 

     (2)  A final report on the implementation of the U visa policy, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor and Director of Law Enforcement.

Report Title: 

Department of Law Enforcement; U Visa; Certification Policy