House File 2388 - Introduced
HOUSE FILE
BY ANDERSON
A BILL FOR
1 An Act providing for certification for purposes of federal
2 immigration law of alien victims of crime who are helpful to
3 law enforcement.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 915.105 Definitions.
1 2 For purposes of this subchapter, unless the context
1 3 otherwise requires:
1 4 1. "Certifying entity" means any of the following:
1 5 a. A state or local law enforcement agency.
1 6 b. A prosecutor.
1 7 c. A judge.
1 8 d. Any other authority that has responsibility for the
1 9 detection or investigation or prosecution of a qualifying crime
1 10 or qualifying criminal activity.
1 11 e. An agency that has criminal detection or investigative
1 12 jurisdiction in the agency's areas of expertise.
1 13 2. "Certifying official" means any of the following:
1 14 a. The head of a certifying entity.
1 15 b. A person in a supervisory role who has been specifically
1 16 designated by the head of a certifying entity to issue form
1 17 I=918 supplement B certifications on behalf of the certifying
1 18 entity.
1 19 c. A judge.
1 20 d. Any other certifying official as defined under 8 C.F.R.
1 21 {214.14(a)(3).
1 22 3. "Form I=918" means a form issued by United States
1 23 citizenship and immigration services for the purpose of
1 24 an individual to petition for U nonimmigrant status, or a
1 25 successor form.
1 26 4. "Form I=918 supplement B" means a form issued by United
1 27 States citizenship and immigration services for the purpose
1 28 of certification by a certifying official that an individual
1 29 submitting a form I=918 is a victim of qualifying criminal
1 30 activity and has been helpful, is being helpful, or is likely
1 31 to be helpful to the detection, investigation, or prosecution
1 32 of the qualifying criminal activity, or a successor form.
1 33 5. "Qualifying crime" includes a criminal offense for
1 34 which the nature and elements of the offense are substantially
1 35 similar to qualifying criminal activity, as well as the
2 1 attempt, conspiracy, or solicitation to commit such an offense.
2 2 6. "Qualifying criminal activity" means qualifying criminal
2 3 activity pursuant to 8 U.S.C. {1101(a)(15)(U)(iii).
2 4 7. "Victim" means an alien who has suffered direct and
2 5 proximate harm as a result of the commission of qualifying
2 6 criminal activity.
2 7 Sec. 2. NEW SECTION. 915.106 Certification of helpful
2 8 victim of crime == federal form == rebuttable presumption.
2 9 1. If an individual is a victim of qualifying criminal
2 10 activity and has been helpful, is being helpful, or is likely
2 11 to be helpful to the detection, investigation, or prosecution
2 12 of the qualifying criminal activity, a certifying official from
2 13 a certifying entity shall certify the helpful status of the
2 14 victim on a form I=918 supplement B upon the request of the
2 15 individual.
2 16 2. If the requirements of subsection 1 are met, the
2 17 certifying official shall fully complete and sign the form
2 18 I=918 supplement B and include specific details about the
2 19 nature of the crime detected, investigated, or prosecuted and a
2 20 detailed description of the victim's helpful status or likely
2 21 helpful status relating to the detection, investigation, or
2 22 prosecution of the criminal activity. A current investigation,
2 23 the filing of charges, or a prosecution or conviction shall
2 24 not be required for a victim to request and obtain a form
2 25 I=918 supplement B certification from a certifying official.
2 26 A certifying entity shall process an I=918 supplement B
2 27 certification within ninety days of an individual's request,
2 28 unless the individual is currently subject to removal
2 29 proceedings, in which case a certifying entity shall process
2 30 the certification within fourteen days of the individual's
2 31 request. A certifying official shall not withdraw a
2 32 certification unless the victim refuses to provide information
2 33 and assistance when reasonably requested by law enforcement
2 34 personnel.
2 35 3. For purposes of determining a victim's helpful status,
3 1 there shall be a rebuttable presumption that a victim is
3 2 helpful, has been helpful, or is likely to be helpful to
3 3 the detection, investigation, or prosecution of qualifying
3 4 criminal activity if the victim has not refused or failed to
3 5 provide information and assistance reasonably requested by law
3 6 enforcement personnel.
3 7 Sec. 3. NEW SECTION. 915.107 Nondisclosure of immigration
3 8 status.
3 9 A certifying entity shall not disclose to any person
3 10 the immigration status of an individual requesting a form
3 11 I=918 supplement B certification except to comply with
3 12 the requirements of federal law or a legal proceeding or
3 13 if authorized by the individual requesting the form I=918
3 14 supplement B certification.
3 15 Sec. 4. NEW SECTION. 915.108 Reports.
3 16 A certifying entity that receives a request for form I=918
3 17 supplement B certification shall submit an annual report to the
3 18 department of public safety no later than January 5 that shall
3 19 include the number of form I=918 supplement B certifications
3 20 requested from the entity, the number of certification forms
3 21 that were signed by certifying officials, and the number that
3 22 were denied. The department of public safety shall submit
3 23 an annual report to the general assembly and the governor no
3 24 later than January 15 that shall include the number of form
3 25 I=918 supplement B certifications requested in this state, the
3 26 number of certification forms that were signed by certifying
3 27 officials, and the number that were denied.
3 28 EXPLANATION
3 29 The inclusion of this explanation does not constitute agreement with
3 30 the explanation's substance by the members of the general assembly.
3 31 This bill requires an official from a law enforcement entity
3 32 to certify that an individual who is an alien is helpful on
3 33 a United States customs and immigration enforcement form
3 34 I=918 supplement B upon request if the individual is a victim
3 35 of qualifying criminal activity and has been helpful, is
4 1 being helpful, or is likely to be helpful to the detection,
4 2 investigation, or prosecution of the qualifying criminal
4 3 activity.
4 4 United States customs and immigration enforcement form I=918
4 5 is a form used by an alien who is a victim of certain crimes
4 6 and is helpful to law enforcement relating to such crimes to
4 7 petition for temporary immigration status as specified under
4 8 federal law. Certification by law enforcement on a form
4 9 I=918 supplement B that the alien was a victim of the crime
4 10 and is helpful to law enforcement relating to the crime is
4 11 a prerequisite to obtaining such status. The bill specifies
4 12 which law enforcement entities and officials and which crimes
4 13 are subject to the bill.
4 14 If the requirements specified in the bill are met, the
4 15 bill requires a certifying official to fully complete and
4 16 sign a form I=918 supplement B. The bill provides that a
4 17 current investigation, the filing of charges, or a prosecution
4 18 or conviction shall not be required for a victim to request
4 19 and obtain certification from a certifying official. The
4 20 bill provides deadlines for completion of certification.
4 21 The bill prohibits a certifying official from withdrawing a
4 22 certification unless the victim refuses to provide information
4 23 and assistance when reasonably requested by law enforcement
4 24 personnel.
4 25 The bill provides that for purposes of determining
4 26 a victim's helpful status, there shall be a rebuttable
4 27 presumption that a victim is helpful, has been helpful, or
4 28 is likely to be helpful to the detection, investigation, or
4 29 prosecution of qualifying criminal activity if the victim has
4 30 not refused or failed to provide information and assistance
4 31 reasonably requested by law enforcement personnel.
4 32 The bill prohibits a certifying entity from disclosing the
4 33 immigration status of an individual requesting certification to
4 34 any person except to comply with the requirements of federal
4 35 law or a legal proceeding or if authorized by the individual
5 1 requesting certification.
5 2 The bill requires a certifying entity that receives a
5 3 request for form I=918 supplement B certification to submit
5 4 an annual report on such certifications to the department of
5 5 public safety no later than January 5. The bill requires the
5 6 department to submit an annual report on such certifications to
5 7 the general assembly and the governor no later than January 15.
5 8 The bill specifies the content of the reports.
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