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SB 608

Criminal Procedure - U Nonimmigrant Status Petitions

2025 Regular Session Introduced by Malcolm Augustine and 1 co-sponsor

SB 608 expands who can certify U‑visa requests, speeds decisions to 45 days (7 days in removals), clarifies helpfulness, and adds required explanations and procedural supports.

Approved by the Governor - Chapter 114
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Bill Summary · SB 608

SB 608 — Criminal Procedure: U Nonimmigrant Status Petitions (Chapter 114)

Status: Approved by the Governor (Chapter 114)
Introduced: February 20, 2025

Purpose

SB 608 revises Maryland law governing certifications used by noncitizen victims seeking U nonimmigrant status (the “U visa”). The bill clarifies who may request and issue the Form I‑918, Supplement B certification, shortens decision timelines, expands the types of certifying entities, clarifies helpfulness standards, requires written explanations for denials or uncertainty, and adds procedural supports for petitioners.

Key provisions / substantive changes

  • Expanded scope of certifying entities: adds agencies with criminal, civil, family, or administrative detection/investigative/prosecutorial jurisdiction (explicitly including adult protective services and the Maryland Department of Labor), in addition to law enforcement and prosecutors.
  • Expanded requesters: the victim’s attorney, victim advocate, or other representative may request certification (in addition to the victim, parent, guardian, or next friend).
  • Helpfulness standard:
    • A victim is eligible for certification if they were a victim of a qualifying crime or qualifying criminal activity.
    • Helpfulness includes being helpful, being likely to be helpful, or having been helpful; an individual will be considered helpful if they have not unreasonably refused to cooperate or unreasonably failed to provide requested information/assistance.
    • Provides a rebuttable presumption that assistance to law enforcement constitutes helpfulness (subject to the nonrefusal standard).
  • No statute of limitations: establishes that there is no statute of limitations for when the qualifying criminal activity occurred relative to a request for certification.
  • Required content for certifications: certifying officials must include specific details about the crime (detected, investigated, prosecuted, convicted, or sentenced as applicable), a detailed description of past or present helpfulness or likely helpfulness, and copies of documents evidencing harm.
  • Timelines shortened:
    • Standard certification decision window reduced from 90 days to 45 days after a request.
    • If the victim is subject to removal/exclusion/deportation proceedings, decision window reduced from 14 days to 7 days.
  • Written explanation: if the certifying official cannot determine eligibility or decides the applicant does not qualify, the official must provide a written explanation to the victim (or the victim’s parent/guardian/representative) explaining why available evidence does not support issuance.
  • Procedural supports and disclosure: the enacted bill requires certifying entities to develop protocols to assist petitioners and authorizes certain disclosures of information in specified circumstances (see enacted text for limits and conditions).
  • Multiple crimes: if a victim is seeking certification for more than one qualifying crime, each must be listed on the certification.

Who is affected

  • Noncitizen victims of qualifying criminal activity seeking U nonimmigrant status (U visa applicants) and their attorneys/advocates.
  • Certifying entities and officials (state/local law enforcement, State’s Attorneys, and newly included civil/family/administrative agencies).
  • Maryland courts and immigration practitioners who rely on these certifications in federal immigration filings.

Procedural/timeline notes

  • Enacted as Chapter 114 (approved by the Governor). Consult the official session law for the bill’s effective date and the full statutory text for implementation details and any agency rulemaking obligations.

Fiscal impact

  • According to the fiscal analysis, the bill is not anticipated to materially affect State or local government finances or operations.

Practical effect

SB 608 aims to streamline and clarify the Maryland certification process for U‑visa petitions by widening eligible certifiers and requesters, shortening response deadlines, clarifying evidentiary and helpfulness standards, eliminating timing barriers tied to when crimes occurred, and requiring transparent written explanations for denials. These changes are intended to help eligible crime victims obtain the certification they need to pursue U nonimmigrant status.

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

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