Saint Paul, Minnesota — Today, Representative Sandra Feist (House District 41B - DFL) presented H. F. 321, to The House Public Safety and Criminal Justice Reform Finance and Policy Committee, passing with a 11-6 vote and moving forward to the House Judiciary committee for further vetting:
The U nonimmigrant status (U visa) was established in 2000 as a key tool for law enforcement in the detection, investigation, or prosecution of certain serious criminal activity, and offers protections to victims of qualifying criminal activities. A large percentage of U visas are granted to victims of domestic violence. The process involves a “U visa certification” by law enforcement, verifying cooperation by the victim in its investigation or prosecution.
“Minnesota is a leader in advocating for victims of domestic violence and this bill is a reflection of that commitment. This bill provides critical guidance on the administrative process and timelines for U visa certification, which is helpful both to victims and to law enforcement,” said Rep. Feist. “I am very excited to partner with advocates and experts to ensure that law enforcement has clarity on its role in the U visa process. This bill also provides immigrant victims with firm expectations around the timing of the process as they simultaneously struggle with both the immigration process and their trauma.”
Notably, this is not an immigration bill, nor does it create new eligibility under current Minnesota law or create automatic removal protections. The sole purpose is to provide continuity in the U visa certification process across Minnesota.
The hearing presented testimony and written statements from a variety of groups, including support from MNCASA, Violence Free Minnesota, the Advocates for Human Rights and a local public safety director that stated “We have found the process of certifying the Form I-918 administratively uncomplicated and worthwhile in protecting victims of serious crimes” in support of the U visa certification process and its important role in building trust between law enforcement and immigrant communities.
Veena A. Iyer, Executive Director Immigrant Law Center of Minnesota, testified in support of the bill stating: “Our clients present horrific accounts of domestic violence, sexual assault, violent physical assault, being held hostage or criminally restrained, and more. Immigrant survivors of violent crimes rely on this U Visa process in order to pursue justice through our criminal system.”
“Investigations and prosecutions that rely on witnesses can flounder when individuals and communities fear that contact with law enforcement will bring them to the attention of federal immigration officials.” said Michele Garnett McKenzie, Deputy Director for The Advocates for Human Rights in Minnesota. “The U Visa serves as an important and explicit signal that our justice system protects everyone, regardless of their immigration status. This legislation is a crucial step in sending that signal and strengthening our justice systems. At this moment, Minnesota must take active steps to rebuild and reinforce community trust.”