The U Visa Certification Act establishes a framework for victims of qualifying crimes to obtain U visa certification in New Mexico. The bill defines key terms such as "certification form," "certifying agency," "certifying official," and "qualifying criminal activity," which includes a range of serious offenses. Victims or their representatives can request U visa certification from designated certifying agencies, which include law enforcement and judicial entities. The bill outlines eligibility criteria for victims, emphasizing the need for credible information and cooperation in investigations. It also stipulates that certifying officials can only deny or withdraw certification under specific circumstances, ensuring that victims are not penalized for the status of ongoing investigations or prosecutions.
Additionally, the Act mandates procedures for processing U visa certification requests, including timelines for responses and requirements for written explanations in cases of denial. It establishes an internal appeal process for denied requests and allows for further review by the state department of justice. Victims have the right to petition the district court for relief if their requests are denied after exhausting internal and state review processes. The bill also includes provisions for recordkeeping, reporting, and publicizing the certification procedures to enhance transparency and accessibility for victims seeking assistance.