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| Public Act 100-1115 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Voices | ||||
of Immigrant Communities Empowering Survivors (VOICES) Act. | ||||
Section 5. Definitions. In this Act: | ||||
"Certification form" means a law enforcement certification | ||||
form or statement required by federal immigration law | ||||
certifying that a person is a victim of qualifying criminal | ||||
activity including, but not limited to, the information | ||||
required by Section 1184(p) of Title 8 of the United States | ||||
Code, including current United States Citizenship and | ||||
Immigration Services Form I-918, Supplement B, or any successor | ||||
form for purposes of obtaining a U visa or by Section 1184(o) | ||||
of Title 8 of the United States Code, including current United | ||||
States Citizenship and Immigration Services Form I-914, | ||||
Supplement B, or any successor form for purposes of obtaining a | ||||
T visa. | ||||
"Certifying agency" means a State or local law enforcement | ||||
agency, prosecutor, or other public authority that has | ||||
responsibility for the investigation or prosecution of a | ||||
qualifying crime or criminal activity, including an agency that | ||||
has criminal investigative jurisdiction in its respective | ||||
areas of expertise, but not including any State court. | ||
"Qualifying criminal activity" means any activity, | ||
regardless of the stage of detection, investigation, or | ||
prosecution, designated in Section 1101(a)(15)(U)(iii) of | ||
Title 8 of the United States Code, any implementing federal | ||
regulations, supplementary information, guidance, and | ||
instructions. | ||
"Victim of qualifying criminal activity" means a person | ||
described in Section 1101(a)(15)(U)(i)(I) of Title 8 of the | ||
United States Code, in the definition of "victim of a severe | ||
form of trafficking" in Section 7102(14) of Title 22 of the | ||
United States Code, or in any implementing federal regulations, | ||
supplementary information, guidance, and instructions. | ||
Section 10. Certifications for victims of qualifying | ||
criminal activity. | ||
(a) The head of each certifying agency shall designate an | ||
official or officials in supervisory roles, either within the | ||
agency or, by agreement with another agency with concurrent | ||
jurisdiction over the geographic area or subject matter covered | ||
by that agency, within that other agency. Designated officials | ||
may not be members of a collective bargaining unit represented | ||
by a labor organization, unless the official is an attorney or | ||
is employed in an agency in which all supervisory officials are | ||
members of a collective bargaining unit. Certifying officials | ||
shall: | ||
(1) respond to requests for completion of | ||
certification forms received by the agency, as required by | ||
this Section; and | ||
(2) make information regarding the agency's procedures | ||
for certification requests publicly available for victims | ||
of qualifying criminal activity and their representatives. | ||
(b) Any person seeking completion of a certification form | ||
shall first submit a request for completion of the | ||
certification form to the certifying official for any | ||
certifying agency that detected, investigated, or prosecuted | ||
the criminal activity upon which the request is based. | ||
(c) A request for completion of a certification form under | ||
this Section may be submitted by a representative of the person | ||
seeking the certification form, including, but not limited to, | ||
an attorney, accredited representative, or domestic violence | ||
or sexual assault services provider. | ||
(d) Upon receiving a request for completion of a | ||
certification form, a certifying official shall complete the | ||
certification form for any victim of qualifying criminal | ||
activity. If the certifying official cannot determine that the | ||
applicant is a victim of qualifying criminal activity, the | ||
certifying official may provide written notice to the person or | ||
the person's representative explaining why the available | ||
evidence does not support a finding that the person is a victim | ||
of qualifying criminal activity. The certifying official shall | ||
complete the certification form and provide it to the person | ||
within 90 business days of receiving the request, except: | ||
(1) if the person making the request for completion of | ||
the certification form is in federal immigration removal | ||
proceedings or detained, the certifying official shall | ||
complete and provide the certification form to the person | ||
no later than 21 business days after the request is | ||
received by the certifying agency; | ||
(2) if the children, parents, or siblings of the person | ||
making the request for completion of the certification form | ||
would become ineligible for benefits under Sections | ||
1184(p) and 1184(o) of Title 8 of the United States Code by | ||
virtue of the person's children having reached the age of | ||
21 years, the person having reached the age of 21 years, or | ||
the person's sibling having reached the age of 18 years | ||
within 90 business days from the date that the certifying | ||
official receives the certification request, the | ||
certifying official shall complete and provide the | ||
certification form to the person no later than 21 business | ||
days after the request is received by the certifying | ||
agency; | ||
(3) if the person's children, parents, or siblings | ||
under paragraph (2) of this subsection (d) would become | ||
ineligible for benefits under Sections 1184(p) and 1184(o) | ||
of Title 8 of the United States Code in less than 21 | ||
business days of receipt of the certification request, the | ||
certifying official shall complete and provide a | ||
certification form to the person within 5 business days; or | ||
(4) a certifying official may extend the time period by | ||
which it must complete and provide the certification form | ||
to the person as required under this subsection (d) only | ||
upon written agreement with the person or person's | ||
representative. | ||
Requests for expedited completion of a certification form | ||
under paragraphs (1), (2), and (3) of this subsection (d) shall | ||
be affirmatively raised by the person or that person's | ||
representative in writing to the certifying agency and shall | ||
establish that the person is eligible for expedited review. | ||
(e) A certifying official who issued an initial | ||
certification form shall complete and reissue a certification | ||
form within 90 business days of receiving a request from a | ||
victim to reissue. If the victim seeking recertification has a | ||
deadline to respond to a request for evidence from United | ||
States Citizenship and Immigration Services, the certifying | ||
official shall complete and issue the form no later than 21 | ||
business days after the request is received by the certifying | ||
official. Requests for expedited recertification shall be | ||
affirmatively raised by the victim or victim's representative | ||
in writing and shall establish that the victim is eligible for | ||
expedited review. A certifying official may extend the deadline | ||
by which he or she will complete and reissue the certification | ||
form only upon written agreement with the victim or victim's | ||
representative. | ||
(f) Notwithstanding any other provision of this Section, a | ||
certifying official's completion of a certification form shall | ||
not be considered sufficient evidence that an applicant for a U | ||
or T visa has met all eligibility requirements for that visa | ||
and completion of a certification form by a certifying official | ||
shall not be construed to guarantee that the victim will | ||
receive federal immigration relief. It is the exclusive | ||
responsibility of federal immigration officials to determine | ||
whether a person is eligible for a U or T visa. Completion of a | ||
certification form by a certifying official merely verifies | ||
factual information relevant to the federal immigration | ||
benefit sought, including information relevant for federal | ||
immigration officials to determine eligibility for a U or T | ||
visa. By completing a certification form, the certifying | ||
official attests that the information is true and correct to | ||
the best of the certifying official's knowledge. No provision | ||
in this Act limits the manner in which a certifying officer or | ||
certifying agency may describe whether the person has | ||
cooperated or been helpful to the agency or provide any | ||
additional information the certifying officer or certifying | ||
agency believes might be relevant to a federal immigration | ||
officer's adjudication of a U or T visa application. If, after | ||
completion of a certification form, the certifying official | ||
later determines the person was not the victim of qualifying | ||
criminal activity or the victim unreasonably refuses to assist | ||
in the investigation or prosecution of the qualifying criminal | ||
activity of which he or she is a victim, the certifying | ||
official may notify United States Citizenship and Immigration | ||
Services in writing. | ||
(g) A certifying official or agency receiving requests for | ||
completion of certification forms shall not disclose the | ||
immigration status of a victim or person requesting the | ||
certification form, except to comply with federal law or State | ||
law, legal process, or if authorized, by the victim or person | ||
requesting the certification form. | ||
Section 15. Immunity. A certifying agency or certifying | ||
official acting or failing to act in good faith in compliance | ||
with this Act shall have immunity from civil or criminal | ||
liability that might otherwise occur as a result of so acting | ||
or failing to act, with the exception of willful or wanton | ||
misconduct. Any action brought to seek enforcement of this Act | ||
shall be ineligible to seek attorney's fees and costs, unless | ||
the action demonstrates willful or wanton misconduct by a | ||
certifying agency or certifying official.
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