SB 350 Establishes Uniformity and Transparency Across New Mexico to make the U Visa Certification Process More Accessible for Victims of Crimes.

Media Contact Email: info@nmilc.org

2|28|2023

Albuquerque, N.M. Senate Bill 350, a U Visa Certification Act, nicknamed the “U Visa Cert Bill,” has been filed at the New Mexico Legislature. The bill is sponsored by Senator Antoinette Sedillo-Lopez and House Majority Floor Leader Gail Chasey.

The U visa provides a pathway to legal immigration status for undocumented victims of crimes who report and assist in the prosecution of those crimes. To even apply for a U visa with the United States Citizenship and Immigration Services, a victim of a qualifying crime must first obtain a U certification (U Cert) signed by a law enforcement official. Therefore, the U visa is an important crime fighting tool that helps law enforcement officials, including police, sheriffs, and prosecutors across New Mexico build trust with immigrant crime victims and their communities. For immigrant victims of crime, it encourages them to come forward and report crime and participate with local law enforcement, despite their immigration status.

Currently, immigrant victims of crime in New Mexico cannot reliably depend on being treated the same way in each jurisdiction. For example, someone who is a victim in Albuquerque versus someone who is a victim in Hobbs, may encounter different procedures. Police may defer to prosecutors or vice versa. Some certifying entities may refuse to certify if the case received a certain disposition that was not a conviction, or if a perpetrator was never arrested. Others may not certify if a case is closed or older than five years. Certain certifying entities may take many months to respond to a request, and some may never respond. There are those certifying entities who will not sign a U cert unless cases are open, while others will not certify unless they are closed. Then there are some who just might refuse to certify for no reason at all.  

If enacted, Senate Bill (SB) 350 would require certifying entities to  publish their U cert process on their website, noting how to submit a U cert request and who the certifying official is at that agency. The bill would impose a a statutory timeline for certifying entities to respond to requests. Passing SB 350 would make New Mexico the 22nd state to enact a U visa certification law.

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 The New Mexico Immigrant Law Center (NMILC) advances justice and equity by empowering low-income immigrant communities through collaborative legal services, advocacy, and education.