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MarylandSB 06082025 Regular SessionSenate

Criminal Procedure - U Nonimmigrant Status Petitions

Sponsored By: Malcolm Augustine (Democratic)

Signed by Governor

Criminal Law - ProceduresAttorneysCertificationsCourt OrdersCrimes and Punishments -see also- Penalties and Sentnc; etc.DisclosureEvidenceFormsImmigrants and Citizenship -see also- ResidencyInvestigations and Inquiries -see also- Crim Bckgrnd InvestJurisdictionLanguage -see also- Communications; LiteracyLaw Enforcement -see also- SRO; Sheriffs; State PoliceParents and GuardiansPenalties and Sentences -see also- Death PenaltyPetitionsState's AttorneysStatutes of LimitationTimeVictims -see also- Criminal Injuries Compensation

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 6 benefits, 0 costs, 1 mixed.

Clearer certification records for immigrant victims

Beginning October 1, 2025, officials must complete and sign certifications for qualifying victims who meet the helpfulness standard. They must include crime details, describe past, current, or likely helpfulness, and supply harm documents they possess. Officials must explain in writing when they cannot determine that someone is a qualifying victim or find someone ineligible. The explanation must tell the victim or listed representative why the evidence does not support certification.

Clearer cooperation rules protect immigrant victims

Beginning October 1, 2025, helpfulness includes past, current, or likely future help with detecting crimes through sentencing. The law presumes helpfulness unless evidence shows otherwise, using whether reasonably requested cooperation or assistance was unreasonably refused. A parent, guardian, or next friend can provide help for victims incapacitated, legally incompetent, or under 16 when a crime element first occurred. Officials must consider all circumstances before denying or withdrawing certification for unreasonable refusal to cooperate or provide reasonably requested help.

Faster certification decisions for immigrant victims

Beginning October 1, 2025, Maryland agencies must approve or decline certification within 45 days of receiving a request, down from 90. The deadline is 7 days for noncitizen victims in removal, exclusion, or deportation proceedings, including detention pending resolution. That 7-day deadline also covers victims subject to a final order in those proceedings. Agencies have 12 days when a qualifying family member will lose eligibility because of age within 60 days or fewer. These are state certification deadlines, not deadlines for federal immigration approval.

More crimes support immigrant victims’ petitions

Beginning October 1, 2025, Maryland certification covers crimes substantially similar in nature and elements to federally qualifying crimes. Attempts, conspiracies, solicitations, and activity covered by federal U petition guidelines also qualify. Each crime supporting a victim’s request must appear on the certification. Agencies cannot reject requests solely because time has passed; an ongoing investigation, charges, prosecution, or conviction is not required. Certification provides facts for federal review, but does not itself grant immigration status, work permission, or other immigration relief.

More help requesting immigrant victim certification

Beginning October 1, 2025, victims, parents, guardians, next friends, attorneys, victim advocates, and other representatives can request certification. Requests seek completion of Form I-918, Supplement B, for a federal U visa petition. Certifiers include police, prosecutors, and agencies with relevant criminal, civil, family, or administrative authority. These include child and adult protective services, the Maryland Commission on Civil Rights, and the Maryland Department of Labor. Each certifying agency must create procedures to help petitioners with limited English skills.

Privacy protections for immigrant crime victims

Beginning October 1, 2025, Maryland officials face limits on sharing information about victims seeking certification or seeking or holding U status. Disclosure is allowed to comply with federal law, court orders, or discovery duties in a criminal prosecution. Where applicable, disclosure also requires the victim’s written consent waiving Violence Against Women Act confidentiality protections. Duties to share evidence that could clear a criminal defendant remain unchanged.

Fewer liability shields for certifying officials

Beginning October 1, 2025, Maryland removes the certification law’s good-faith liability shield for certifying agencies and officials. It also removes the rule limiting attorney-fee and cost awards to enforcement cases showing willful or wanton misconduct. Petitioners face fewer statutory barriers to seeking those awards, while agencies and officials lose these protections. The law does not guarantee an award.

Sponsors & Cosponsors

Sponsor

  • Malcolm Augustine

    Democratic • Senate

Cosponsors

  • William C. Smith

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 322 • No: 45

Senate vote • 4/7/2025

Third Reading Passed

Yes: 34 • No: 12 • Other: 1

House vote • 4/7/2025

Third Reading Passed

Yes: 128 • No: 11 • Other: 2

House vote • 4/3/2025

Third Reading Passed

Yes: 128 • No: 10

Senate vote • 3/17/2025

Third Reading Passed

Yes: 32 • No: 12

Actions Timeline

  1. Approved by the Governor - Chapter 114

    4/22/2025

  2. Passed Enrolled

    4/7/2025Senate

  3. Third Reading Passed (128-11)

    4/7/2025House

  4. Conference Committee Report {223528/1 Adopted

    4/7/2025House

  5. Third Reading Passed (34-12)

    4/7/2025Senate

  6. Conference Committee Report {223528/1 Adopted

    4/7/2025Senate

  7. House Conference Committee Appointed (Delegates Moon, Embry and Valentine)

    4/7/2025Senate

  8. House Refuses Recede

    4/7/2025Senate

  9. House Conference Committee Appointed (Delegates Moon, Embry and Valentine)

    4/7/2025House

  10. House Refuses Recede

    4/7/2025House

  11. Senate Conference Committee Appointed (Senators Smith, Love and McKay)

    4/7/2025House

  12. Senate Requests House Recede

    4/7/2025House

  13. Senate Refuses Concur House Amendments

    4/7/2025House

  14. Senate Conference Committee Appointed (Senators Smith, Love and McKay)

    4/5/2025Senate

  15. Senate Requests House Recede

    4/5/2025Senate

  16. Senate Refuses Concur House Amendments

    4/5/2025Senate

  17. Third Reading Passed (128-10)

    4/3/2025House

  18. Second Reading Passed with Amendments

    4/2/2025House

  19. Favorable with Amendments {343529/1 Adopted

    4/2/2025House

  20. Favorable with Amendments Report by Judiciary

    4/1/2025House

  21. Hearing 3/26 at 3:15 p.m.

    3/26/2025House

  22. Hearing canceled

    3/26/2025House

  23. Hearing 3/26 at 1:00 p.m.

    3/19/2025House

  24. Referred Judiciary

    3/17/2025House

  25. Third Reading Passed (32-12)

    3/17/2025Senate

Bill Text

  • Enacted

    4/22/2025

    PDF

  • Enrolled

    4/7/2025

    PDF

  • Third Reading

    3/14/2025

    PDF

  • First Reading

    1/27/2025

    PDF

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