Public Safety Committee unanimously backs U Visa certification bill with amendment to align with state law

The Montgomery County Public Safety Committee on Jan. 27 voted 3-0 to recommend Expedited Bill 2-624 to the full County Council. The bill would require the county police department’s directive on U-visa certification to be consistent with and no more restrictive than federal immigration law.

Lusine McCartney Greene, legislative attorney, told the committee the bill had a public hearing with nine supporters and that Office of Legislative Oversight and racial equity review found a small positive impact and no fiscal effect. A witness who testified in favor said Montgomery County Police Department helped 142 U-visa applicants in 2024 and that since the bill was introduced MCPD had already assisted four people who would otherwise have been excluded by a local 10-year limitation.

Police officials described their current practice and practical limits. Nicholas Ochstein, Chief of Investigative Services, and Captain Jeff Benge noted the department managed 142 U-visa applications in 2024 and nine so far in 2025, and said the unit that handles certifications operates with essentially one professional staff member. Chief Ochstein raised a concern that removing a local time limitation could create expectations the department can investigate and prosecute older misdemeanors; under Maryland law the statute of limitations for many misdemeanors is one year, which may limit prosecutorial or investigatory ability.

Captain Jeff Benge described difficulty obtaining consistent guidance from U.S. Citizenship and Immigration Services (USCIS), saying agency emails and guidance sometimes conflict over whether an investigation is required for certification. “One of their views is that the victim has no control over whether or not the police department proceeds with an investigation,” Captain Jeff Benge said, noting USCIS makes the final determination and the department’s certification is only one step.

To address concerns about misdemeanors and state-law nuances, legislative counsel proposed an amendment to ensure the county policy remains consistent with applicable state statutes and to allow state-level comparability (for example, treating certain state offenses as qualifying when they are comparable to federal qualifying crimes). The committee adopted that amendment unanimously and then voted 3-0 to forward the amended bill to the full council for consideration.

The committee did not record immediate fiscal impacts; staff noted the department’s current caseload is manageable but that a significant influx of applications could require additional resources. The full County Council will next consider the bill.