Committee hears SB 177 to standardize U-visa certification procedures; bill rolled to Friday for additional questions

Senate Health and Public Affairs heard testimony on Senate Bill 177, the U Visa Certification Act, which would establish statewide procedures and timelines for certifying agencies (police, district attorneys, state agencies and others) that provide the Form I-918 Supplement B certification needed for applicants seeking U nonimmigrant status.

Sponsor and advocates described the bill as a response to inconsistent practices across New Mexico that leave survivors of qualifying crimes without a clear path to U visas. The bill would require certifying agencies to promulgate a public process, designate certifying officials, respond to certification requests within set time frames (the bill text specifies 30 calendar days for routine certifications and an expedited 14-day standard where the request is routed to a district attorney or the state Department of Justice), keep internal records on certification requests, and allow limited judicial review when a certification request is denied or ignored.

Valeria Garcia Tavares, senior attorney at the New Mexico Immigrant Law Center, told the committee that certification denials or non-responses have delayed clients' applications for years. She said the delays can undermine trust between immigrant communities and law enforcement and make survivors less likely to report crimes. Tishala Chaparro, legal director at the Santa Fe Dreamers Project, presented results of public-record requests her group did to assess state practice: the organizations filed 131 IPRA requests to jurisdictions across New Mexico and received only 17 responsive policies or documents; 81% of jurisdictions produced no responsive records indicating they lack a written U-visa certification policy or a designated certifying official.

Supporters in the hearing included domestic-violence and immigrant-advocacy organizations, the New Mexico Crime Victims Reparation Commission, the Albuquerque Police Department and other local law enforcement representatives who told the committee consistent public procedures would help victims and investigators. Several survivors also spoke in favor and described lengthy certification delays in their own cases.

Committee action and next steps

Members asked technical questions about the bill's deadlines, the proposed private right of action for survivors whose certification requests are denied, and whether state agencies already have internal processes. Chair and the sponsor agreed to continue the bill to the committee's next hearing day (the sponsor requested a roll-over to Friday) so committee members could ask follow-up questions and the sponsor's experts could be available. The bill was not voted on at this hearing.

Ending

Sponsors and advocates said a uniform, transparent certification process would increase public safety by encouraging victims to cooperate with investigators and by giving law enforcement a consistent tool to document victim cooperation. The committee deferred further consideration to the next hearing day to allow additional technical questions and stakeholder follow-up.