HawaiiHawaii sets rules for crime victims’ U and T visa certifications
Hawaii law requires state and county certifying entities to publish request procedures, meet response deadlines, protect victims’ information, and provide training.
What it does
Authorized state and county entities must publish a process for requesting U or T visa certifications and designate an official to respond.
Officials must decide requests within 45 days, or 14 days in specified urgent cases. They must explain denials in writing and allow a request for reconsideration with added evidence.
Entities must not add requirements beyond federal law or reject a request only because time passed or a case closed. They must protect victims’ information and help people with limited English request certification.
The Department of the Attorney General must train certifying officials and report to lawmakers. Agencies must keep records and report each year on certification requests and decisions.
Argument forVictims could get clear response deadlines and written reasons for denials, with a way to ask agencies to reconsider.
Argument againstOfficials may have less time to review urgent requests carefully because some cases must be decided within 14 days.
More detail
Each authorized state or county entity must publish a written process for U or T visa certification requests and designate an official to respond. These rules cover state and county entities authorized under federal law to issue certifications, and requests from victims or their representatives. The process must follow the chapter’s requirements.
Officials must approve or deny certification requests within the required time and give written reasons for denials. The deadlines apply to requests for U or T visa certification handled by state or county certifying entities. The deadline is 14 days if the victim is in removal proceedings or has a final removal order, or if a qualifying family member may lose eligibility because of age within 120 days. After a denial, the requester may seek reconsideration and submit new or additional evidence within 45 days. The requester need not seek reconsideration before asking a court to review the decision. The deadline runs from receipt of the request. A requester has 45 days after receiving a denial to seek reconsideration.
Certifying entities must follow the chapter’s standards for helpfulness, requirements, confidentiality, and language access. These rules cover state and county entities handling U or T visa certification requests. Language access must help people with limited English request and obtain certification. A victim is presumed helpful if they have not unreasonably refused to cooperate or unreasonably failed to provide reasonably requested help. An investigation, charges, an arrest, prosecution, or conviction is not required to certify helpfulness. Entities may not impose requirements beyond federal law or deny a request only because time has passed or a case closed or was suspended. Entities must keep victims’ immigration status and identifying information confidential, except when federal law or a court order requires disclosure, or the victim gives written consent consistent with federal law.
The Department of the Attorney General must train certifying entities and officials, collect agency reports, and report to the Legislature. Each state or county certifying entity reports to the Department of the Attorney General, which reports aggregated information to the Legislature. Agency reports must cover request and certification counts, denials and their reasons, processing times, and expedited requests and outcomes. Agency reports begin July 1, 2027. The department’s reports begin before the 2028 regular session and are due before each regular session.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 24Act 142, 06/24/2026 (Gov. Msg. No. 1243).Latest
- Jun 24Act 142, on 06/24/2026 (Gov. Msg. No. 1243).Became Law
- May 8Received notice of passage on Final Reading in House (Hse. Com. No. 888).Minor
- May 7Transmitted to Governor.
- May 6Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.Major
- Vote recorded Passed Final Reading as amended in CD 1. Result: pass.Lower
- May 6Passed Final Reading as amended in CD 1 with Representative(s) Kila voting aye with reservations; Representative(s) Pierick voting no (1) and none excused (0).Major
- May 6Received notice of Final Reading (Sen. Com. No. 816).Minor
- May 1Reported from Conference Committee (Conf Com. Rep. No. 144-26) as amended in (CD 1).
- May 1Forty-eight (48) hours notice Wednesday, 05-06-26.
- May 1Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 144-26).
- May 148 Hrs. Notice (as amended CD 1) 05-06-26
- Apr 30The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Ilagan, Tarnas, Hussey, Tam, Gedeon; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
- Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
- Apr 30The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Rhoads, Elefante; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.Minor
- Apr 29Conference committee meeting to reconvene on 04-30-26 3:40PM; CR 325.
- Apr 28Conference committee meeting to reconvene on 04-29-26 3:40PM; Conference Room 325.
- Apr 27Conference committee meeting to reconvene on 04-28-26 3:40PM; Conference Room 325.
- Apr 24Conference committee meeting to reconvene on 04-27-26 3:40PM; Conference Room 325.
- Apr 23Received notice of Senate conferees (Sen. Com. No. 725).Minor
- Apr 23Conference committee meeting scheduled for 04-24-26 3:40PM; Conference Room 325.
- Apr 22Senate Conferees Appointed: Rhoads Chair; Elefante Co-Chair; Awa.
- Apr 20House Conferees Appointed: Ilagan, Tarnas, Hussey Co-Chairs; Tam, Gedeon.
- Apr 20Received notice of appointment of House conferees (Hse. Com. No. 786).Minor
- Apr 16Received notice of disagreement (Hse. Com. No. 599).Minor
- Apr 14House disagrees with Senate amendment (s).Minor
- Apr 10Report Adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
- Vote recorded Report Adopted; Passed Third Reading. Result: pass.Upper
- Apr 10Returned from Senate (Sen. Com. No. 532) in amended form (SD 1).
- Apr 9Reported from WAM (Stand. Com. Rep. No. 3644) with recommendation of passage on Third Reading.
- Apr 9One Day Notice 04-10-26.
- Apr 7The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Lee, C..Minor
- Vote recorded The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. Result: pass.Upper
- Apr 2The committee(s) on WAM will hold a public decision making on 04-07-26 10:31AM; Conference Room 211 & Videoconference.
- Mar 30Reported from JDC (Stand. Com. Rep. No. 3346) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
- Mar 30Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.Minor
- Mar 27The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Chang; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) San Buenaventura, Awa.Minor
- Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Mar 23Re-Referred to JDC, WAM.Minor
- Mar 23The committee(s) on JDC has scheduled a public hearing on 03-27-26 10:00AM; Conference Room 016 & Videoconference.
- Mar 10Referred to JDC/GVO, WAM.Minor
- Mar 6Received from House (Hse. Com. No. 54).Minor
- Mar 6Passed First Reading.Minor
- Mar 5Reported from FIN (Stand. Com. Rep. No. 778-26), recommending passage on Third Reading.
- Vote recorded Passed Third Reading. Result: pass.Lower
- Mar 5Passed Third Reading with Representative(s) Alcos, Garcia voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Perruso excused (1). Transmitted to Senate.Passed House
- Mar 2The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 16 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita, Gedeon, Reyes Oda; Ayes with reservations: Representative(s) Alcos; Noes: none; and Excused: none.Minor
- Vote recorded The committee on FIN recommend that the measure be PASSED, UNAMENDED. Result: pass.Lower
- Feb 27Bill scheduled to be heard by FIN on Monday, 03-02-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE.
- Feb 20Reported from JHA (Stand. Com. Rep. No. 741-26) as amended in HD 2, recommending referral to FIN.
- Vote recorded Report adopted; referred to the committee(s) on FIN as amended in HD 2. Result: pass.Lower
- Feb 20Report adopted; referred to the committee(s) on FIN as amended in HD 2 with Representative(s) Garcia voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Quinlan excused (1).Minor
- Feb 13The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Sayama, Shimizu; Ayes with reservations: none; 1 Noes: Representative(s) Garcia; and 2 Excused: Representative(s) Cochran, Takayama.Minor
- Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 11Reported from ECD (Stand. Com. Rep. No. 151-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
- Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA. Result: pass.Lower
- Feb 11Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Holt excused (1).Minor
- Feb 11Bill scheduled to be heard by JHA on Friday, 02-13-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
- Feb 6The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Ilagan, Hussey, Holt, Tam, Templo, Yamashita, Gedeon; Ayes with reservations: none; Noes: none; and Excused: none.Minor
- Vote recorded The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 2Bill scheduled to be heard by ECD on Friday, 02-06-26 8:30AM in House conference room 423 VIA VIDEOCONFERENCE.
- Jan 26Referred to ECD, JHA, FIN, referral sheet 1Minor
- Jan 23Introduced and Pass First Reading.Minor
- Jan 22Pending introduction.Introduced
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