52:17B-236.17 Processing T visa, U visa certification requests, procedures.
4. a. Every State, county, and municipal law enforcement agency shall establish procedures for processing requests for T visa certifications and U visa certifications from potential victims of crime or human trafficking within 120 days of the request being made. Each law enforcement agency shall publish information regarding its procedures on its Internet website. If the agency does not have an Internet website, then the procedures shall be published on the municipality’s Internet website, when feasible. b. With regard to T visa certification requests, each law enforcement agency’s certification procedures shall include a determination of whether, pursuant to the standards set forth in federal law and instructions to the U.S. Citizenship and Immigration Services Form I-914 Supplement B, the requester: (1) is or has been a victim of a severe form of trafficking in persons; and (2) has complied with requests for assistance in an investigation or prosecution of the crime of trafficking. c. With regard to U visa certification requests, each law enforcement agency’s procedure shall include a determination of whether, pursuant to the standards set forth in federal law and instructions to the U.S. Citizenship and Immigration Services Form I-918 Supplement B, the applicant: (1) is a victim of a qualifying criminal activity; and (2) was, is, or is likely to be helpful in the investigation or prosecution of that activity. d. Notwithstanding the provisions of section 3 this act, State, county, and municipal law enforcement agencies and officials may ask any questions necessary to complete a T visa certification or a U visa certification. A law enforcement agency or official may not disclose the immigration status of a person requesting a T visa certification or a U visa certification, except to comply with State or federal law or legal process or if authorized by the visa applicant. e. Nothing in this section shall be construed to restrict, prohibit, or prevent a State, county, or municipal law enforcement agency or official from sending to, maintaining, or receiving from federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of any individual. L.2026, c.5, s.4.