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SD 3394

An Act relative to trafficking and abuse survivors

194th Legislature (2025-2026) Introduced by Lydia Edwards and 2 co-sponsors

Bill SD 3394 streamlines nonimmigrant status certifications for trafficking and abuse survivors, ensuring timely responses from agencies and enhancing legal protections.

Referred to the committee on The Judiciary
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WeVote Research Nonpartisan
Bill Summary · SD 3394

Summary of Bill SD 3394: An Act Relative to Trafficking and Abuse Survivors

Purpose and Intent

Bill SD 3394 aims to enhance protections and support for victims of trafficking and abuse in the Commonwealth of Massachusetts. The legislation seeks to streamline the process for victims to obtain nonimmigrant status certifications, which are crucial for accessing legal protections and services. By clarifying definitions and establishing timelines for responses from certifying entities, the bill intends to improve the responsiveness of law enforcement and other agencies to the needs of these vulnerable populations.

Key Provisions

The bill proposes several amendments to Chapter 258F of the Massachusetts General Laws, including:

Definitions

  • Certifying Entity: This includes all law enforcement agencies, prosecutors, and courts that have the authority to investigate and adjudicate crimes related to trafficking and abuse.
  • Exceptional Circumstances: Defined to include situations where victims or their qualifying family members are in immigration detention or facing removal proceedings.
  • Qualifying Derivative Family Member: Refers to family members of victims who are eligible to apply for nonimmigrant status.

Certification Process

  • Section 2: Certifying entities are required to complete and sign nonimmigrant status certification forms for victims of specified crimes and severe forms of trafficking.
  • Response Timeline: Certifying entities must respond to certification requests within 30 days. In cases of exceptional circumstances, responses are required within 10 days or 2 days before a qualifying family member ages out of eligibility.

Judicial Review and Enforcement

  • Section 5: Establishes a mechanism for victims to seek judicial review if a certifying entity fails to comply with the certification requirements. Victims can file actions in superior court to enforce compliance, and the court may award reasonable attorney fees and costs if relief is granted.

Who Would Be Affected

The bill primarily affects:
- Victims of Trafficking and Abuse: Individuals seeking nonimmigrant status due to their victimization.
- Certifying Entities: Law enforcement and judicial bodies responsible for processing certification requests.
- Qualifying Family Members: Family members of victims who may also seek nonimmigrant status.

Procedural Aspects

  • Introduced: November 19, 2025
  • Status: Currently referred to the committee on The Judiciary.
  • Legislative Actions: The bill has undergone initial procedural steps, including a suspension of rules and referral to relevant committees.

Conclusion

Bill SD 3394 represents a significant step towards improving the legal framework surrounding the treatment of trafficking and abuse survivors in Massachusetts. By clarifying definitions, establishing timelines for responses, and providing avenues for judicial review, the bill aims to ensure that victims receive timely and effective support in their pursuit of justice and safety.

Compiled from official sources — confirm details with the bill’s official record.

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