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GM 1243

Informing the Legislature that on June 24, 2026, the Governor signed the following bill into law: HB1838 HD2 SD1 CD1 (ACT 142).

2026 Regular Session

Hawaii standardizes and expedites U/T visa certifications across agencies, increasing transparency, protections, and timely access for victims.

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Bill Summary · GM 1243

Summary of GM 1243 (HB 1838, CD1, SD1) — Hawaii, 2026

Main purpose and intent

  • Codifies uniform statewide policies for U or T visa certifications in Hawaii, aligning state practices with federal law. The goal is to reduce inconsistent access to justice for crime victims by standardizing how certifying entities issue U visa (for noncitizen victims of certain crimes) and T visa (for trafficking victims) certifications.

Key provisions and changes

  • Establishment of a new Hawaii Revised Statutes chapter titled Immigration Status; U Visas; T Visas.
  • Definitions:
    • Certifying entity: state or county body authorized to issue U/T visa certifications.
    • Certifying official: designated individuals (including heads, supervisors, prosecutors, or judges) authorized to respond to certification requests.
    • U visa, T visa, U or T visa certification: as defined by federal law, including Form I-918 Supplement B for U visas and Form I-914 Supplement B for T visas.
  • Written policy and process (Section -2):
    • Each certifying entity must adopt a written policy and publicize it, detailing how victims or their representatives request U or T certifications.
    • At least one certifying official must be designated to handle requests.
  • Response timelines (Section -3):
    • Default deadline: 45 days to complete or deny a U or T certification after receiving a request.
    • Expedited timelines (14 days) apply if the victim is in removal proceedings, has a family member nearing status ineligibility, or similar urgent circumstances.
  • Denials and re-evaluation (Section -4):
    • Denials must include reasons and offer an opportunity for re-evaluation with new evidence within 45 days; timeline mirrors the initial processing.
    • Judicial review is available if no timely response or improper denial occurs.
  • Helpfulness standard (Section -5):
    • Rebuttable presumption that a victim is helpful if they cooperate or provide information reasonably requested; lack of investigation or charges does not preclude certification.
  • No restrictive requirements; no statute of limitations (Section -6):
    • Entities cannot impose stricter requirements than federal law.
    • No statute of limitations on when qualifying crime occurred relative to a certification request; duration of case does not bar certification solely due to time.
  • Confidentiality (Section -7) and language access (Section -8):
    • Protects victim privacy; restricts disclosure unless required by law or with consent.
    • Requires language access measures to accommodate victims with limited English proficiency.
  • Judicial review (Section -9):
    • Allows circuit court review for denial or inaction; de novo standard; potential for court-ordered certification and attorney’s fees if the petitioner prevails.
  • Oversight and reporting (Section -10):
    • Certifying entities must maintain records and begin annual reporting to the attorney general starting July 1, 2027, including totals of requests, certifications issued/denied, processing times, and expedited processing outcomes.
    • The attorney general will aggregate data and report to the Legislature biennially, prior to each regular session (starting 2028), with possible recommendations.
  • Training (Section -11):
    • AG to provide training for certifying entities and officials on U/T visa requirements, using nationally recognized curricula.

Who is affected

  • State and county government agencies authorized to issue U or T visa certifications (e.g., police, prosecutors, judges, and other designated officials), and the victims who seek U or T visa certifications.
  • The Department of the Attorney General (training, reporting, data aggregation).
  • The Legislature, which will receive regular reports and analysis.

Procedural and timeline aspects

  • Effective date: Upon approval (June 24, 2026).
  • Data reporting starts: July 1, 2027, with annual reporting by certifying entities.
  • Legislative reporting to the Legislature: no later than 20 days before the convening of each regular session beginning in 2028.
  • Training requirements to be implemented by the AG using established curricula.

Overall impact

  • Aims to standardize and streamline U and T visa certification processes across Hawaii.
  • Increases transparency and accountability through formal policies, defined timelines, confidentiality protections, language access, and periodic reporting.
  • Enhances victims’ access to federal immigration protections and potential pathways to lawful status and relief.

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

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