RELATING TO VISAS.

HB1838

HOUSE OF REPRESENTATIVES

H.B. NO.

1838

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to visas
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1.
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The legislature finds that U
nonimmigrant status (U visa) and T nonimmigrant status (T visa) are
crimefighting tools created by the United States Congress to enhance access to
justice and humanitarian relief for noncitizen victims of crime.
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Both U and T visas provide a nonimmigrant
temporary status that allows noncitizen survivors of crime to stay in the
United States, obtain employment authorization, apply for lawful permanent
resident status, and help certain family members obtain immigration status.

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The U visa
is intended to protect survivors of certain crimes who have courageously reported
the crime or assisted in the criminal investigation or prosecution.
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For an immigrant survivor of crime to qualify
for U nonimmigrant status, a certifying entity, such as a law enforcement
agency, prosecutor, judge, or other government agency authorized under federal
law to sign U visa certifications, must complete Form I-918, Supplement B,
attesting to the survivor's assistance in the detection, investigation, or
prosecution of the crime, and the certification is an essential prerequisite to
the filing of a petition to the United States Citizenship and Immigration
Service (USCIS) for U nonimmigrant status.

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The T visa
provides similar relief to victims of severe forms of human trafficking who
assist in the detection, investigation, or prosecution of trafficking
crimes.
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For a noncitizen survivor of
trafficking to qualify for T nonimmigrant status, a T visa certification on
Form I-914, Supplement B, signed by a law enforcement agency, prosecutor, judge,
or other government agency authorized under federal law to sign T visa
certifications, is an optional and primary form of evidence submitted to USCIS
to demonstrate the survivor's victimization and cooperation.

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The
legislature further finds that law enforcement agencies, prosecutors, judges,
and other state and county entities authorized to sign U and T visa
certifications under federal law are not mandated by federal law to complete or
sign Form I-918, Supplement B, or Form I-914, Supplement B, on behalf of
victims, even if the petitioners are assisting in the detection, investigation,
prosecution, conviction, or sentencing of the case and qualify for U or T nonimmigrant
status, and that some entities are resistant to certifying victim helpfulness
due to a lack of understanding about the U or T nonimmigrant application
process or a lack of resources, among other reasons.
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Absent uniform standards for U and T visa
certifications, noncitizen victims statewide face inconsistent access to
justice.

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Therefore,
the purpose of this Act is to:

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(1)
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Establish uniform statewide requirements for policies
and processes for the issuance of U and T visa certifications for noncitizen
victims of crime that are consistent with federal laws and regulations
governing U and T visas;

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(2)
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Require each state and county certifying
entity to adopt a policy and process for the issuance of U and T visa
certifications, consistent with uniform statewide requirements; and

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(3)
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Appropriate funds for the department of the
attorney general to provide training to state and county certifying entities so
that the policies and processes comply with all federal requirements.

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SECTION
2.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:

"
Chapter

IMMIGRATION
STATUS; U VISAS; T VISAS

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-1
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Definitions.
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As
used in this chapter, unless the context clearly requires otherwise:

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"Certifying
entity" means any state or county law enforcement agency, the department
of the attorney general, a county prosecuting agency, the child welfare
services branch of the department of human services, the adult protective and
community services branch of the department of human services, a state court,
or other entity that has criminal, civil, or administrative authority to detect,
investigate, or prosecute criminal activities within its respective purview and
that is authorized under federal law to issue U or T visa certifications.

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"Certifying
official" means:

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(1)
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The head of a certifying entity;

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(2)
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A person employed in a supervisory role
specifically designated by the head of a certifying entity to respond to
requests for U or T visa certifications;

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(3)
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A state or county prosecutor; or

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(4)
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A state judge.

"County" includes
the city and county of Honolulu, county of Hawaii, county of Kauai, and county
of Maui.

"Qualifying criminal
activity" and "qualifying crime" have the same meaning as
qualifying criminal activity pursuant to section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act, which includes but is not limited to rape,
torture, human trafficking, incest, domestic violence, sexual assault, abusive
sexual conduct, prostitution, sexual exploitation, female genital mutilation,
being held hostage, peonage, perjury, involuntary servitude, slavery,
kidnapping, abduction, unlawful criminal restraint, false imprisonment,
blackmail, extortion, manslaughter, murder, felonious assault, witness
tampering, obstruction of justice, fraud in foreign labor contracting, and
stalking, and includes offenses for which the nature and elements of the
offenses are substantially similar to the criminal activity described in this section
(e.g., hate crimes, child abuse, elder abuse, video voyeurism), and the attempt,
conspiracy, or solicitation to commit any of those offenses.

"T visa" means
the type of nonimmigrant visa, defined in section 101(a)(15)(T) of the
Immigration and Nationality Act and established by the United States Congress
through the Victims of Trafficking and Violence Protection Act of 2000, that is
available to victims of severe forms of human trafficking who have complied
with any reasonable request from law enforcement officers or prosecutors in the
detection, investigation, or prosecution of human trafficking, or who qualify
for an exemption or exception from compliance under federal law.

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"U
visa" means the type of nonimmigrant visa, defined in section
101(a)(15)(U) of the Immigration and Nationality Act and established by the
United States Congress through the Victims of Trafficking and Violence
Protection Act (including the Battered Immigrant Women's Protection Act) in
October 2000, that is set aside for victims of qualifying criminal activities
who have suffered mental or physical abuse and who assist law enforcement
officers, prosecutors, judges, or other government officials in the detection, investigation,
prosecution, conviction, or sentencing of qualifying criminal activity.

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-2
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Written policy and process.
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Each certifying entity shall adopt a written
policy and process to assist individuals in obtaining U or T visa certification,
as applicable, consistent with the requirements of this chapter.
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The policy shall be made publicly available
and shall include procedures for victims or their representatives to request U
or T visa certification.
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Each certifying
entity shall designate at least one certifying official to review and respond
to U and T visa certification requests.

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-3
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Time period for response.
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The certifying official shall respond to a
request for U or T visa certification within forty-five calendar days of
receiving the request.
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If the noncitizen
victim requesting certification is in federal removal, exclusion, or
deportation proceedings or is subject to a final order of removal, exclusion,
or deportation, or if a qualifying family member of the victim is imminently
facing ineligibility for U or T nonimmigrant status or benefits by virtue of
age, the certifying official shall respond within fourteen calendar days of
receiving the request.

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-4
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Notice of denial; requirements.
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If a certifying official decides not to
issue a requested U or T visa certification, the certifying entity shall
provide the requester with a written notification of the denial and the reasons
for the denial within the same time periods as those set forth in section
-3 for responses to requests for U or T visa certification.
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The written notice of denial shall also
include a statement that the requester may submit additional evidence and
request re-evaluation by the certifying entity.

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-5
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Determination of helpfulness.
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For purposes of determining helpfulness for a
request for U or T visa certification, an individual shall be considered
helpful if, since the initiation of helpfulness, the individual has not
unreasonably refused to cooperate or unreasonably failed to provide information
and assistance reasonably requested by a certifying entity or was otherwise
exempt from compliance.

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-6
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No additional or more restrictive
requirements; no statute of limitations.
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(a)
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No certifying entity shall
impose requirements for U or T visa certification that are additional to or
more restrictive than those under federal law.
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The existence of a current investigation, the
filing of charges, the apprehension of a suspect who committed the qualifying
crime, or a prosecution or conviction shall not be required for a certifying
official to certify victim helpfulness.

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(b)
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There shall be no statute of limitations regarding
when a qualifying criminal activity occurred relative to the request for
certification of victim helpfulness.
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No
request for certification of victim helpfulness shall be denied solely based on
the length of time that has passed since the crime occurred or because a case
was closed or suspended.

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-7
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Confidentiality of information.
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Each certifying entity shall keep
confidential the immigration status and personal identifying information of any
victim who requests U or T visa certification.
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Such information shall not be disclosed except as required by federal
law or court order, or upon the written consent of the victim.

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-8
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Language access protocols.
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Each certifying entity shall implement
language access protocols to ensure that a victim with limited English
proficiency is able to request and obtain U or T visa certification.

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-9
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Judicial review.
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(a)
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If
a certifying official or certifying entity fails to respond within the
applicable time periods set forth in section -3 or denies a
requested U or T visa certification in violation of this chapter, the requester
may seek judicial review by filing an action in the circuit court.

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Any
petition for judicial review filed pursuant to this subsection, the record of
all hearings and all other pleadings and papers filed, and orders entered in
connection with the petition shall be kept under seal by the clerk of the court
unless otherwise ordered by the court after considering the requirements and objectives
of title 8 United States Code section 1367 and title 34 United States Code
section 12291(b)(2).

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(b)
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Upon the filing of an action pursuant to
subsection (a), the court shall review the U or T visa certification request de
novo.
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If the court finds that the
petitioner was a victim of qualifying criminal activity and has complied with
the requirements for U or T visa certification and that the certification was
wrongfully withheld or denied, the court shall execute the certification as a
certifying official, to the extent permitted under federal and state law.

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(c)
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In any action brought under this section, the
court shall award reasonable attorney's fees and costs to the petitioner if the
petitioner prevails.

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-10
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Reports; certifying entities; department of
the attorney general.
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(a)
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Each certifying entity shall maintain a record
of all requests for U and T visa certifications.
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Beginning July 1, 2027, each certifying
entity shall submit an annual report to the department of the attorney general
detailing for the prior calendar year:

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(1)
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The number of U and T visa certification
requests received;

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(2)
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The number of U and T visa certification forms
signed;

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(3)
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The number of U and T visa certification
requests denied;

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(4)
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The reasons for any denials of U and T visa
certification requests;

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(5)
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The average length of time taken to process
certification requests; and

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(6)
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The number of cases in which expedited
processing was requested and the outcomes of those cases.

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(b)
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The department of the attorney general shall:

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(1)
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Aggregate the information in the reports
submitted by the certifying entities pursuant to subsection (a); and

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(2)
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No later than twenty days prior to the
convening of each regular session beginning with the regular session of 2028, submit
to the legislature a report, which may include statistics, an overview of
training programs and participation levels in each county, and any recommendations
to improve the effectiveness or implementation of this chapter.

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-11
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Training; department of the attorney general.
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(a)
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The
department of the attorney general shall provide training to all certifying
officials and certifying entities so that the policies and processes
established pursuant to this chapter comply with all federal requirements for U
and T visa certification.

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(b)
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The department of the attorney general shall
ensure that the training is eligible for continuing legal education credits for
attorneys and professional development credits for law enforcement officers.
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The training shall be made available to all
certifying entities and certifying officials."

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SECTION 3.
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There is appropriated out of the general
revenues of the State of Hawaii the sum of $100,000 or so much thereof as may
be necessary for fiscal year 2026-2027 for the department of the attorney
general to provide training to certifying officials and certifying entities using
curricula developed with the support of the Office on Violence Against Women of
the United States Department of Justice or the State Justice Institute so that
the policies and processes established pursuant to chapter ,
Hawaii Revised Statutes, comply with all federal requirements for U and T visa
certifications.

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The sum
appropriated shall be expended by the department of the attorney general for
the purposes of this Act.

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SECTION 4.
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This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

U and T Visa
Certification; Uniform Statewide Requirements; State and County Certifying
Official and Entities; Policies and Processes; Training; Department of the
Attorney General; Appropriation

Description:

Establishes uniform statewide requirements for policies
and processes for the issuance of U and T visa certifications for noncitizen
victims of crime that are consistent with federal laws and regulations
governing U and T visas.
�
Requires each
state and county certifying entity to adopt a policy and process for the
issuance of U and T visa certifications, consistent with those statewide
requirements.
�
Appropriate funds for the Department
of the Attorney General to provide training to state and county certifying
entities so that the policies and processes comply with all federal
requirements.
�
Appropriates funds to the
Department of the Attorney General for the training.

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not legislation or evidence of legislative intent.