Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1812
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5 By: Representative Clowney
6 By: Senator Irvin
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8 For An Act To Be Entitled
9 AN ACT TO REQUIRE LAW ENFORCEMENT AGENCIES TO ADOPT
10 POLICES CONCERNING NONIMMIGRANT VISA APPLICATIONS OF
11 CRIME VICTIMS; AND FOR OTHER PURPOSES.
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14 Subtitle
15 TO REQUIRE LAW ENFORCEMENT AGENCIES TO
16 ADOPT POLICES CONCERNING NONIMMIGRANT
17 VISA APPLICATIONS OF CRIME VICTIMS.
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20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22 SECTION 1. Arkansas Code Title 12, Chapter 6, Subchapter 7, is amended
23 to add an additional section to read as follows:
24 12-6-703. Law enforcement agency nonimmigrant visa certification.
25 (a) As used in this section:
26 (1) "Applicant" means a person submitting an application for a T
27 or U nonimmigrant visa and seeking certification of the application under
28 this section; and
29 (2)(A) "Victim of crime" means a person who was subjected to
30 criminal activity as described in 8 U.S.C. § 1101, as it existed on January
31 1, 2023.
32 (B) This section does not require an arrest, prosecution,
33 or conviction in order for a person to qualify as a victim of crime.
34 (b) Each law enforcement agency shall adopt a policy for the
35 completion and signing of T and U nonimmigrant visa certification forms for a
36 victim of crime.
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1 (c) A policy adopted under subsection (b) of this section shall
2 include a requirement that a law enforcement official complete the
3 certification or denial of certification for a T or U nonimmigrant visa
4 certification form:
5 (1) No later than fourteen (14) days after receipt of the
6 request for certification if:
7 (A) The applicant is a party to a federal immigration
8 proceeding for his or her removal; or
9 (B) The applicant will reach eighteen (18) years of age in
10 less than thirty (30) days; and
11 (2) In all other cases, no later than thirty (30) days after
12 receipt of the request for certification.
13 (d) A policy adopted under subsection (b) of this section shall:
14 (1) Designate a person within the law enforcement agency to
15 facilitate the review and processing of T and U nonimmigrant visa
16 certification forms;
17 (2) Require a law enforcement official to determine whether an
18 applicant was:
19 (A) A victim of crime; and
20 (B) Helpful in the investigation or prosecution of the
21 criminal activity for which the applicant was a victim of crime;
22 (3) Require that a law enforcement official complete
23 certification of the T or U nonimmigrant visa certification form if an
24 applicant is determined to satisfy the criteria stated in subdivision (d)(2)
25 of this section;
26 (4) Require notice to the applicant within seven (7) days if the
27 law enforcement agency denies certification of the T or U nonimmigrant visa
28 certification form;
29 (5) Permit an applicant who is notified of a denial under
30 subdivision (d)(4) of this section to submit additional evidence in support
31 of his or her application;
32 (6) Require a law enforcement agency to reconsider an
33 application if additional evidence is submitted under subdivision (d)(5) of
34 this section and to notify the applicant within seven (7) days of the
35 decision after reconsideration; and
36 (7) Include protocol concerning dealing with an applicant with
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1 limited proficiency in the English language.
2 (e)(1) A certification under this section does not qualify an
3 applicant for T or U nonimmigrant visa status but only certifies that the
4 applicant is a victim of crime.
5 (2) The United States Government has the authority to determine
6 whether a T or U nonimmigrant visa shall be granted.
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