MD
Maryland House Bill HB579

Maryland 2025 Regular Session

Maryland House Bill HB579 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0579*
96
107 HOUSE BILL 579
118 E2 5lr1947
12- CF SB 608
13-By: Delegates Embry , Solomon, Wilkins, Feldmark, Kaufman, R. Lewis,
14-Palakovich Carr, Pasteur, and Taveras Taveras, Moon, Phillips, Simmons,
15-and Stinnett
9+ CF 5lr3005
10+By: Delegates Embry, Feldmark, Kaufman, R. Lewis, Palakovich Carr, Pasteur,
11+and Taveras
1612 Introduced and read first time: January 23, 2025
1713 Assigned to: Judiciary
18-Committee Report: Favorable with amendments
19-House action: Adopted
20-Read second time: March 6, 2025
2114
22-CHAPTER ______
15+A BILL ENTITLED
2316
2417 AN ACT concerning 1
2518
26-Criminal Procedure – U Nonimmigrant Status Petitions and Immigration 2
27-Enforcement at Sensitive Locations 3
19+Criminal Procedure – U Nonimmigrant Status Petitions 2
2820
29-FOR the purpose of requiring federal law enforcement officers to notify certain individuals 4
30-of federal immigration action at certain sensitive locations; altering the 5
31-requirements for certification of a U Nonimmigrant Status Petition; altering the 6
32-individuals eligible to request a certain official to certify victim helpfulness on a 7
33-certain form relating to certification of a U Nonimmigrant Status Petition; altering 8
34-the time periods within which a certain certifying entity shall certify or decline a 9
35-certain form under certain circumstances; requiring a certifying entity to develop 10
36-protocols to assist certain petitioners to take certain actions; authorizing disclosure 11
37-of certain information under certain circumstances; requiring the Attorney General 12
38-to develop and publish certain guidance relating to federal immigration enforcement 13
39-actions at certain sensitive locations; authorizing the Attorney General to develop 14
40-and publish certain guidance for nonpublic facilities relating to federal immigration 15
41-enforcement actions at sensitive locations; and generally relating to U 16
42-Nonimmigrant Status petitions and immigration enforcement at sensitive locations. 17
21+FOR the purpose of altering the requirements for certification of a U Nonimmigrant Status 3
22+Petition; altering the individuals eligible to request a certain official to certify victim 4
23+helpfulness on a certain form relating to certification of a U Nonimmigrant Status 5
24+Petition; authorizing disclosure of certain information under certain circumstances; 6
25+and generally relating to U Nonimmigrant Status petitions. 7
4326
44-BY repealing and reenacting, without amendments, 18
45- Article – Criminal Procedure 19
46- Section 2–104(a) 20
47- Annotated Code of Maryland 21
48- (2018 Replacement Volume and 2024 Supplement) 22 2 HOUSE BILL 579
27+BY repealing and reenacting, with amendments, 8
28+ Article – Criminal Procedure 9
29+Section 11–930 and 11–931 10
30+ Annotated Code of Maryland 11
31+ (2018 Replacement Volume and 2024 Supplement) 12
32+
33+BY adding to 13
34+ Article – Criminal Procedure 14
35+Section 11–932 15
36+ Annotated Code of Maryland 16
37+ (2018 Replacement Volume and 2024 Supplement) 17
38+
39+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
40+That the Laws of Maryland read as follows: 19
41+
42+Article – Criminal Procedure 20
43+
44+11–930. 21
45+
46+ (a) In this part the following words have the meanings indicated. 22
47+
48+ (b) “Certifying entity” means: 23 2 HOUSE BILL 579
4949
5050
5151
52-BY repealing and reenacting, with amendments, 1
53- Article – Criminal Procedure 2
54-Section 2–104(c), 11–930, and 11–931 3
55- Annotated Code of Maryland 4
56- (2018 Replacement Volume and 2024 Supplement) 5
52+ (1) a State or local law enforcement agency; 1
5753
58-BY adding to 6
59- Article – Criminal Procedure 7
60-Section 11–932 8
61- Annotated Code of Maryland 9
62- (2018 Replacement Volume and 2024 Supplement) 10
54+ (2) a State’s Attorney or deputy or assistant State’s Attorney; 2
6355
64-BY adding to 11
65- Article – State Government 12
66- Section 6–111 13
67- Annotated Code of Maryland 14
68- (2021 Replacement Volume and 2024 Supplement) 15
56+ (3) any other authority that has responsibility for the detection, 3
57+investigation, or prosecution of a qualifying crime or criminal activity; or 4
6958
70- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
71-That the Laws of Maryland read as follows: 17
59+ (4) an agency that has criminal, CIVIL, FAMILY, OR ADMINISTRATIVE 5
60+detection [or], investigative, OR PROSECUTORIAL jurisdiction in the agency’s respective 6
61+areas of expertise, including child protective services, ADULT PROTECTIVE SER VICES, the 7
62+Commission on Civil Rights, and the Maryland Department of Labor. 8
7263
73-Article – Criminal Procedure 18
64+ (c) “Certifying official” means: 9
7465
75-2–104. 19
66+ (1) the head of a certifying entity; 10
7667
77- (a) In this section, “federal law enforcement officer” means an officer who may: 20
68+ (2) an individual in a supervisory role who has been specifically designated 11
69+by the head of a certifying entity to provide U Nonimmigrant Status certifications on behalf 12
70+of that entity; or 13
7871
79- (1) make an arrest with or without a warrant for violations of the United 21
80-States Code; and 22
72+ (3) any other certifying official defined under Title 8, § 214.14(a)(3)(i) of the 14
73+Code of Federal Regulations. 15
8174
82- (2) carry firearms in the performance of the officer’s duties. 23
75+ (d) “FEDERAL U VISA GUIDELINES” MEANS FEDERAL STATUT ES, 16
76+REGULATIONS , POLICIES, PUBLICATIONS , GUIDANCE, AND INS TRUCTIONS 17
77+RELATING TO U NONIMMIGRANT STATUS, INCLUDING 8 U.S.C. § 1101(A)(15)(U), 8 18
78+U.S.C. § 1184(O), 8 U.S.C. § 1367, 72 FED. REG. 53014 (SEPT. 17, 2007), 8 C.F.R. § 19
79+214.14, AND 8 U.S.C. § 1255(M)(1). 20
8380
84- (c) (1) A federal law enforcement officer who acts under the authority granted 24
85-by this section shall notify the following persons of an investigation [or], AN enforcement 25
86-action, OR A FEDERAL IMMIGRA TION ENFORCEMENT ACT ION AT A SENSITIVE 26
87-LOCATION AS DEFINED IN § 6–111 OF THE STATE GOVERNMENT ARTICLE: 27
81+ (E) “Qualifying crime” includes a criminal offense for which the nature and 21
82+elements of the offense are substantially similar to the criminal activity described in 22
83+subsection [(e)] (F) of this section and the attempt, conspiracy, or solicitation to commit the 23
84+offense. 24
8885
89- (i) 1. the chief of police, if any, or chief’s designee, when in a 28
90-municipal corporation; 29
86+ [(e)] (F) “Qualifying criminal activity” means criminal activity under § 25
87+1101(a)(15)(U)(iii) of the United States Code OR THAT IS DESCRIBED IN FEDERAL U VISA 26
88+GUIDELINES. 27
9189
92- 2. the police commissioner or police commissioner’s designee, 30
93-when in Baltimore City; 31
90+11–931. 28
9491
95- 3. the chief of police or chief’s designee, when in a county 32
96-with a county police department, except Baltimore City; 33
97- HOUSE BILL 579 3
98-
99-
100- 4. the sheriff or sheriff’s designee, when in a county without 1
101-a county police department; 2
102-
103- 5. the Secretary of Natural Resources or Secretary’s 3
104-designee, when on property owned, leased, operated by, or under the control of the 4
105-Department of Natural Resources; or 5
106-
107- 6. the chief of police of the Maryland Transportation 6
108-Authority or chief’s designee, when on property owned, leased, operated by, or under the 7
109-control of the Maryland Transportation Authority, Maryland Aviation Administration, or 8
110-Maryland Port Administration; and 9
111-
112- (ii) the Department of State Police barrack commander or 10
113-commander’s designee, unless there is an agreement otherwise with the Department of 11
114-State Police. 12
115-
116- (2) When the federal law enforcement officer participates in a joint 13
117-investigation with officials from a State or local law enforcement unit, the federal law 14
118-enforcement officer shall give the notice required under paragraph (1) of this subsection 15
119-reasonably in advance. 16
120-
121-11–930. 17
122-
123- (a) In this part the following words have the meanings indicated. 18
124-
125- (b) “Certifying entity” means: 19
126-
127- (1) a State or local law enforcement agency; 20
128-
129- (2) a State’s Attorney or deputy or assistant State’s Attorney; 21
130-
131- (3) any other authority that has responsibility for the detection, 22
132-investigation, or prosecution of a qualifying crime or criminal activity; or 23
133-
134- (4) an agency that has criminal, CIVIL, FAMILY, OR ADMINISTRATIVE 24
135-detection [or], investigative, OR PROSECUTORIAL jurisdiction in the agency’s respective 25
136-areas of expertise, including child protective services, ADULT PROTECTIVE SER VICES, the 26
137-Commission on Civil Rights, and the Maryland Department of Labor. 27
138-
139- (c) “Certifying official” means: 28
140-
141- (1) the head of a certifying entity; 29
142-
143- (2) an individual in a supervisory role who has been specifically designated 30
144-by the head of a certifying entity to provide U Nonimmigrant Status certifications on behalf 31
145-of that entity; or 32
146- 4 HOUSE BILL 579
147-
148-
149- (3) any other certifying official defined under Title 8, § 214.14(a)(3)(i) of the 1
150-Code of Federal Regulations. 2
151-
152- (d) “FEDERAL U VISA NONIMMIGRANT STATUS PETITION GUIDELINES” 3
153-MEANS FEDERAL STATUT ES, REGULATIONS , POLICIES, PUBLICATIONS , GUIDANCE, 4
154-AND INSTRUCTIONS REL ATING TO U NONIMMIGRANT STATUS, INCLUDING 8 U.S.C. 5
155-§ 1101(A)(15)(U), 8 U.S.C. § 1184(O) § 1184(P), 8 U.S.C. § 1367, 72 FED. REG. 53014 6
156-(SEPT. 17, 2007), 8 C.F.R. § 214.14, 8 C.F.R. § 245.24, AND 8 U.S.C. § 1255(M)(1). 7
157-
158- (E) “Qualifying crime” includes a criminal offense for which the nature and 8
159-elements of the offense are substantially similar to the criminal activity described in 9
160-subsection [(e)] (F) of this section and the attempt, conspiracy, or solicitation to commit the 10
161-offense. 11
162-
163- [(e)] (F) “Qualifying criminal activity” means criminal activity under § 12
164-1101(a)(15)(U)(iii) of the United States Code OR THAT IS DESCRIBED IN FEDERAL U VISA 13
165-NONIMMIGRANT STATUS PETITION GUIDELINES. 14
166-
167-11–931. 15
168-
169- (a) (1) For purposes of filing a petition with the United States Citizenship and 16
170-Immigration Services for U Nonimmigrant Status, a victim or the victim’s parent, 17
171-guardian, [or] next friend, ATTORNEY, VICTIM ADVOCATE , OR OTHER 18
172-REPRESENTATIVE may request a certifying official of a certifying entity to certify victim 19
173-helpfulness on a Form I–918, Supplement B certification if the victim: 20
174-
175- [(1)] (I) was a victim of a qualifying criminal activity and has been 21
176-helpful, IS BEING HELPFUL , OR IS LIKELY TO BE H ELPFUL [to the certifying entity] in 22
177-the detection, investigation, or prosecution, INCLUDING SENTENCING , of that qualifying 23
178-criminal activity; 24
179-
180- [(2)] (II) was under the age of 16 years on the date that an act that 25
181-constitutes an element of qualifying criminal activity first occurred and the victim’s parent, 26
182-guardian, or next friend has been helpful to the certifying entity in the detection, 27
183-investigation, or prosecution, INCLUDING SENTENCING , of that qualifying criminal 28
184-activity; or 29
185-
186- [(3)] (III) is incapacitated or incompetent and the victim’s parent, 30
187-guardian, or next friend has been helpful to the certifying entity in the detection, 31
188-investigation, or prosecution, INCLUDING SENTENCING , of that qualifying criminal 32
189-activity. 33
190-
191- (2) (I) A VICTIM OF A QUALIFYI NG CRIME OR A QUALIF YING 34
192-CRIMINAL ACTIVITY IS ELIGIBLE FOR CERTIFI CATION. 35
193- HOUSE BILL 579 5
194-
195-
196- (II) IF A VICTIM IS APPLYI NG FOR CERTIFICATION AS A RESULT 1
197-OF BEING A VICTIM OF MORE THAN ONE QUALIF YING CRIME OR QUALIF YING 2
198-CRIMINAL ACTIVITY , EACH QUALIF YING CRIME AND QUALI FYING CRIMINAL 3
199-ACTIVITY SHALL BE LI STED ON THE CERTIFIC ATION. 4
200-
201- (b) FOR PURPOSES OF DETER MINING HELPFULNESS F OR A REQUEST FOR 5
202-CERTIFICATION UNDER SUBSECTION (A) OF THIS SECTION , AN INDIVIDUAL SHALL 6
203-BE CONSIDERED HELPFU L IF, SINCE THE IN ITIATION OF HELPFULN ESS, THE 7
204-INDIVIDUAL HAS NOT U NREASONABLY REFUSED TO COOPERATE OR UNREASONABLY 8
205-FAILED TO PROVIDE IN FORMATION AND ASSIST ANCE REASONABLY REQU ESTED BY 9
206-A CERTIFYING ENTITY . 10
207-
208- (C) For purposes of determining helpfulness under subsection (a) of this section, 11
209-if the victim or the victim’s parent, guardian, or next friend is assisting, has assisted, or is 12
210-likely to assist law enforcement authorities in the detection, investigation, or prosecution 13
211-of qualifying criminal activity, the victim or the victim’s parent, guardian, or next friend 14
212-shall be considered to be helpful, to have been helpful, or likely to be helpful. 15
213-
214- [(c)] (D) If the victim or the victim’s parent, guardian, or next friend satisfies 16
215-the criteria specified under subsection (a) of this section, the certifying official shall fully 17
216-complete and sign the Form I–918, Supplement B certification and, with respect to victim 18
217-helpfulness, include: 19
218-
219- (1) specific details about the nature of the crime DETECTED, investigated, 20
220-[or], prosecuted, OR SENTENCED ; 21
221-
222- (2) a detailed description of the victim’s PAST OR PRESENT helpfulness or 22
223-likely helpfulness to the detection, investigation, or prosecution, INCLUDING 23
224-SENTENCING, of the criminal activity; and 24
225-
226- (3) copies of any documents in the possession of the certifying official that 25
227-evince the harm endured by the victim due to the criminal activity. 26
228-
229- [(d)] (E) (1) Except as provided in paragraph (2) of this subsection, the 27
230-certifying entity shall certify or decline certification of the Form I–918, Supplement B 28
231-certification within 90 30 days after receiving a request under subsection (a) of this section. 29
232-
233- (2) If a noncitizen victim is the subject of removal, exclusion, or deportation 30
234-proceedings or subject to a final order of removal, exclusion, or deportation, the certifying 31
235-entity shall certify or decline certification of the Form I–918, Supplement B certification 32
236-within 14 7 days after receiving a request under subsection (a) of this section. 33
237-
238- [(e)] (F) A current investigation, the filing of charges, a prosecution, or a 34
239-conviction is not required for a victim or the victim’s parent, guardian, [or] next friend, 35 6 HOUSE BILL 579
240-
241-
242-ATTORNEY, VICTIM ADVOCATE , OR OTHER REPRESENTAT IVE to request and obtain the 1
243-Form I–918, Supplement B certification under this section. 2
244-
245- (G) THERE IS NO STATUTE O F LIMITATIONS FOR WH EN A QUALIFYING 3
246-CRIMINAL ACTIVITY OC CURRED RELATIVE TO T HE REQUEST FOR CERTI FICATION OF 4
247-VICTIM HELPFULNESS U NDER THIS SECTION . 5
248-
249- (H) IF THE CERTIFYING OFF ICIAL CANNOT DETERMI NE WHETHER THE 6
250-APPLICANT IS A VICTI M OF A QUALIFYING CR IMINAL ACTIVITY OR D ETERMINES 7
251-THAT THE APPLICANT D OES NOT QUALIFY FOR CERTIFICATION , THE CERTIFYING 8
252-OFFICIAL SHALL PROVI DE A WRITTEN EXPLANA TION TO THE VICTIM O R THE 9
253-VICTIM’S PARENT, GUARDIAN, NEXT FRIEND , ATTORNEY, VICTIM ADVOCATE , OR 10
254-OTHER REPRESENTATIVE SETTING FORTH REASON S WHY THE AVAILABLE EVIDENCE 11
255-DOES NOT SUPPORT ISS UANCE OF THE CERTIFI CATION. 12
256-
257- [(f)] (I) A certifying official may DENY OR withdraw the certification provided 13
258-under this section only [on refusal to provide information and assistance when reasonably 14
259-requested of: 15
260-
261- (1) the victim; or 16
262-
263- (2) the victim’s parent, guardian, or next friend if the victim was under the 17
264-age of 16 years on the date that an act that constitutes an element of qualifying criminal 18
265-activity first occurred or if the victim is incapacitated or incompetent] IF, AFTER 19
266-CONSIDERING THE TOTA LITY OF THE CIRCUMST ANCES, THE PERSON PROVIDING 20
267-THE HELPFULNESS UNDE R SUBSECTION (A) OF THIS SECTION UNRE ASONABLY 21
268-REFUSED TO COOPERATE OR UNREASONABLY FAILED TO PROVIDE IN FORMATION 22
269-OR ASSISTANCE REASON ABLY REQUESTED BY A CERTIFYING OFFICIAL . 23
270-
271- (J) (1) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, A 24
272-CERTIFYING OFFICIAL ’S COMPLETION OF A CERT IFICATION FORM MAY N OT BE 25
273-CONSIDERED SUFFICIEN T EVIDENCE THAT AN A PPLICANT FOR A U OR A T VISA U 26
274-NONIMMIGRANT STATUS HAS MET ALL ELIGIBIL ITY REQUIREMENTS FOR THAT VISA 27
275-STATUS, AND COMPLETION OF A CERTIFICATION FORM B Y A CERTIFYING OFFI CIAL 28
276-MAY NOT BE CONSTRUED TO GUARANTEE THAT TH E VICTIM WILL RECEIV E 29
277-IMMIGRATION RELIEF U NDER FEDERAL LAW . 30
278-
279- (2) COMPLETION OF A CERTI FICATION FORM BY A C ERTIFYING 31
280-OFFICIAL ONLY SERVES AS VERIFICATION OF T HE FACTUAL INFORMATI ON 32
281-RELEVANT FOR A FEDER AL IMMIGRATION OFFIC IAL TO DETERMINE ELI GIBILITY 33
282-FOR A U OR A T VISA U NONIMMIGRANT STATUS. 34
283- HOUSE BILL 579 7
284-
285-
286- (3) BY COMPLETING A CERTI FICATION FORM , THE CERTIFYING 1
287-OFFICIAL ATTESTS THA T THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF 2
288-THE CERTIFYING OFFIC IAL’S KNOWLEDGE . 3
289-
290- (4) THIS SECTION DOES NOT LIMIT THE MANNER IN WHICH A 4
291-CERTIFYING OFFICIAL OR CERTIFYING AGENCY MAY: 5
292-
293- (I) DESCRIBE WHETHER THE PERSO N HAS BEEN HELPFUL , IS 6
294-BEING HELPFUL , OR IS LIKELY TO BE H ELPFUL TO THE CERTIFYING EN TITY; OR 7
295-
296- (II) PROVIDE ANY ADDITION AL INFORMATION THE C ERTIFYING 8
297-OFFICIAL OR CERTIFYI NG ENTITY BELIEVES M IGHT BE RELEVANT TO THE 9
298-ADJUDICATION OF A U OR A T VISA APPLICATION NONIMMIGRANT STATUS 10
299-PETITION. 11
300-
301- (K) A CERTIFYING ENTITY SH ALL DEVELOP PROTOCOL S TO ASSIST 12
302-PETITIONERS WHO HAVE LIMITED ENGLISH PROFICIENCY T O PROCEED UNDER THIS 13
303-SECTION. 14
304-
305- [(g) A certifying entity may disclose information relating to a victim who is seeking 15
306-or has obtained U Nonimmigrant Status only: 16
307-
308- (1) in order to comply with federal law, court order, or a discovery 17
309-obligation in the prosecution of a criminal offense; or 18
310-
311- (2) after adult petitioners for U Nonimmigrant Status or adult U 19
312-Nonimmigrant Status holders have provided written consent for the disclosure of the 20
313-information. 21
314-
315- (h) (1) Except in cases of willful or wanton misconduct, a certifying entity or 22
316-certifying official who acts or fails to act in good faith in compliance with this section has 23
317-the immunity from liability described under § 5–643 of the Courts Article. 24
318-
319- (2) A person who brings an action to seek enforcement of this section may 25
320-not be awarded attorney’s fees or costs unless the action demonstrates willful or wanton 26
321-misconduct by a certifying entity or certifying official.] 27
322-
323-11–932. 28
324-
325- (A) A CERTIFYING ENTITY OR A CERTIFYING OFFICIA L MAY DISCLOSE 29
326-INFORMATION RELATING TO A VICTIM WHO IS S EEKING CERTIFICATION , OR WHO IS 30
327-SEEKING OR HAS OBTAI NED U NONIMMIGRANT STATUS ONLY: 31
328-
329- (1) TO COMPLY WITH FEDER AL LAW, A COURT ORDER , OR A 32
330-DISCOVERY OBLIGATION IN THE PROSECUTION O F A CRIMINAL OFFENSE ; OR 33 8 HOUSE BILL 579
92+ (a) (1) For purposes of filing a petition with the United States Citizenship and 29
93+Immigration Services for U Nonimmigrant Status, a victim or the victim’s parent, 30
94+guardian, [or] next friend, ATTORNEY, VICTIM ADVOCATE , OR OTHER 31
95+REPRESENTATIVE may request a certifying official of a certifying entity to certify victim 32
96+helpfulness on a Form I–918, Supplement B certification if the victim: 33 HOUSE BILL 579 3
33197
33298
33399
334- (2) IF APPLICABLE , AFTER THE VICTIM HAS WAIVED 1
335-CONFIDENTIALITY PROT ECTIONS UNDER THE VIOLENCE AGAINST WOMEN ACT 2
336-UNDER 34 U.S.C. § 12291(B)(2). 3
100+ [(1)] (I) was a victim of a qualifying criminal activity and has been 1
101+helpful, IS BEING HELPFUL , OR IS LIKELY TO BE H ELPFUL [to the certifying entity] in 2
102+the detection, investigation, or prosecution, INCLUDING SENTENCING, of that qualifying 3
103+criminal activity; 4
337104
338- (B) THIS SECTION MAY NOT BE CONSTRUED TO ALTE R OR DIMINISH THE 4
339-DUTIES AND REQUIREME NTS OF A LAW ENFORCE MENT OFFICER , A STATE’S 5
340-ATTORNEY, OR THE ATTORNEY GENERAL FROM DISCLOSI NG EXCULPATORY 6
341-INFORMATION TO A DEF ENDANT IN A CRIMINAL CASE . 7
105+ [(2)] (II) was under the age of 16 years on the date that an act that 5
106+constitutes an element of qualifying criminal activity first occurred and the victim’s parent, 6
107+guardian, or next friend has been helpful to the certifying entity in the detection, 7
108+investigation, or prosecution, INCLUDING SENTENCING, of that qualifying criminal 8
109+activity; or 9
342110
343-Article – State Government 8
111+ [(3)] (III) is incapacitated or incompetent and the victim’s parent, 10
112+guardian, or next friend has been helpful to the certifying entity in the detection, 11
113+investigation, or prosecution, INCLUDING SENTENCING, of that qualifying criminal 12
114+activity. 13
344115
345-6–111. 9
116+ (2) (I) A VICTIM OF A QUALIFYI NG CRIME OR A QUALIFYING 14
117+CRIMINAL ACTIVIT Y IS ELIGIBLE FOR CERT IFICATION. 15
346118
347- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
348-INDICATED. 11
119+ (II) IF A VICTIM IS APPLYI NG FOR CERTIFICATION AS A RESULT 16
120+OF BEING A VICTIM OF MORE THAN ONE QUALIFYING CRIME OR QUALIFYING 17
121+CRIMINAL ACTIVIT Y, EACH QUALIFYING CRIME AND QUALIFYING CRIMINAL 18
122+ACTIVITY SHALL BE LISTED ON THE CER TIFICATION. 19
349123
350- (2) “COLLATERAL IMMIGRATIO N ENFORCEMENT ” MEANS FEDERAL 12
351-IMMIGRATION ENFORCEM ENT ACTIONS THAT AFF ECT INDIVIDUALS WHO ARE NOT 13
352-THE PRIMARY TARGET O F THE ENFORCEMENT AC TION, BUT ARE PRESENT AT T HE 14
353-LOCATION OF THE ENFO RCEMENT ACTION . 15
124+ (b) FOR PURPOSES OF DETER MINING HELPFULNESS FOR A REQUEST FOR 20
125+CERTIFICATION UNDER SUBSECTION (A) OF THIS SECTION , AN INDIVIDUAL SHALL 21
126+BE CONSIDERED HELPFU L IF, SINCE THE INITIATION OF HE LPFULNESS, THE 22
127+INDIVIDUAL HAS NOT U NREASONABLY REFUSED TO COOPERATE OR FAIL ED TO 23
128+PROVIDE INFORMATION AND ASSISTANCE REASO NABLY REQUESTED BY A 24
129+CERTIFYING ENTITY . 25
354130
355- (3) “IMMIGRATION ENFORCEME NT” MEANS FEDERAL IMMIGR ATION 16
356-ENFORCEME NT ACTIONS. 17
131+ (C) For purposes of determining helpfulness under subsection (a) of this section, 26
132+if the victim or the victim’s parent, guardian, or next friend is assisting, has assisted, or is 27
133+likely to assist law enforcement authorities in the detection, investigation, or prosecution 28
134+of qualifying criminal activity, the victim or the victim’s parent, guardian, or next friend 29
135+shall be considered to be helpful, to have been helpful, or likely to be helpful. 30
357136
358- (4) “SENSITIVE LOCATION ” MEANS: 18
137+ [(c)] (D) If the victim or the victim’s parent, guardian, or next friend satisfies 31
138+the criteria specified under subsection (a) of this section, the certifying official shall fully 32
139+complete and sign the Form I–918, Supplement B certification and, with respect to victim 33
140+helpfulness, include: 34
359141
360- (I) A PUBLIC SCHOOL ; 19
361-
362- (II) A PUBLIC LIBRARY ; 20
363-
364- (III) A HEALTH CARE FACILI TY; 21
365-
366- (IV) A SHELTER; AND 22
367-
368- (V) A PLACE OF WORSHIP . 23
369-
370- (B) THE ATTORNEY GENERAL SHALL DEVELOP AND PUBLISH GUIDANCE 24
371-THAT INFORMS THE PUBLIC A ND RELEVANT STATE AGENCIES ABOUT : 25
372-
373- (1) MAXIMIZING PUBLIC SA FETY AND MINIMIZING PUBLIC EXPOSURE 26
374-TO VIOLENCE OR ACCID ENTS FROM IMMIGRATIO N ENFORCEMENT CONDUC TED 27
375-USING FIREARMS AT SE NSITIVE LOCATIONS ; 28
376- HOUSE BILL 579 9
142+ (1) specific details about the nature of the crime DETECTED, investigated 35
143+[or], prosecuted, OR SENTENCED ; 36 4 HOUSE BILL 579
377144
378145
379- (2) MINIMIZING DISRUPTIO N TO SERVICES PROVIDED AT SEN SITIVE 1
380-LOCATIONS FROM IMMIG RATION ENFORCEMENT C ONDUCTED USING FIREA RMS; 2
381146
382- (3) DELINEATING BETWEEN IMMIGRATION ENFORCEM ENT WITHIN 3
383-THE PUBLIC PORTIONS OF SENSITIVE LOCATIO NS AND THE NONPUBLIC OR PRIVATE 4
384-PORTIONS OF SENSITIV E LOCATIONS; 5
147+ (2) a detailed description of the victim’s PAST OR PRESENT helpfulness or 1
148+likely helpfulness to the detection, investigation, or prosecution, INCLUDING 2
149+SENTENCING, of the criminal activity; and 3
385150
386- (4) VERIFYING THE IDENTI TY OF IMMIGRATION EN FORCEMENT 6
387-AGENTS AND VALIDATIN G IMMIGRATION ENFORC EMENT DOCUMENTATION SEEKING 7
388-SPECIFIC INDIVIDUALS ; 8
151+ (3) copies of any documents in the possession of the certifying official that 4
152+evince the harm endured by the victim due to the criminal activity. 5
389153
390- (5) ALIGNING ARTICLE 26 OF THE MARYLAND CONSTITUTION, 9
391-WHICH REQUIRES THAT A WARRANT NAME A SPE CIFIC INDIVIDUAL, WITH POLICIES 10
392-ABOUT COLLATERAL IMM IGRATION ENFORCEMENT AT SENSITIVE LOCATIO NS; 11
154+ [(d)] (E) (1) Except as provided in paragraph (2) of this subsection, the 6
155+certifying entity shall certify or decline certification of the Form I–918, Supplement B 7
156+certification within 90 days after receiving a request under subsection (a) of this section. 8
393157
394- (6) LIMITING LIABILITY E XPOSURE FOR STATE, LOCAL, AND PRIVATE 12
395-INSTITUTIONS AND THE PARTICIPATION OF THE EMPLOYEES OF THOSE 13
396-INSTITUTIONS IN IMMI GRATION ENFORCEMENT AT SENSITIVE LOCATIO NS; 14
158+ (2) If a noncitizen victim is the subject of removal, exclusion, or deportation 9
159+proceedings or subject to a final order of removal, exclusion, or deportation, the certifying 10
160+entity shall certify or decline certification of the Form I–918, Supplement B certification 11
161+within 14 days after receiving a request under subsection (a) of this section. 12
397162
398- (7) FACILITATING RELATIO NSHIPS BETWEEN FEDER AL LAW 15
399-ENFORCEMENT OFFICERS AND STATE AND LOCAL OFFIC IALS AND LAW 16
400-ENFORCEMENT OFFICERS IN ORDER TO CONDUCT IMMIGRATION ENFORCEM ENT 17
401-ACTIVITIES THROUGH T HE LEAST DANGEROUS A ND DISRUPTIVE MEANS; AND 18
163+ [(e)] (F) A current investigation, the filing of charges, a prosecution, or a 13
164+conviction is not required for a victim or the victim’s parent, guardian, [or] next friend, 14
165+ATTORNEY, VICTIM ADVOCATE , OR OTHER REPRESENTAT IVE to request and obtain the 15
166+Form I–918, Supplement B certification under this section. 16
402167
403- (8) COMPLYING WITH EXIST ING LEGAL OBLIGATION S AND 19
404-LIMITATIONS ON STATE AGENCIES WHILE MAINTAINING PUBLIC S AFETY AND 20
405-ACCESSIBILITY TO THO SE AGENCIES. 21
168+ (G) THERE IS NO STATUTE OF LIMITATIONS FOR WHEN A QUALIFYING 17
169+CRIMINAL ACTIVITY OC CURRED RELATIVE TO T HE REQUEST FOR CERTI FICATION OF 18
170+VICTIM HELPFULNESS U NDER THIS SECTION. 19
406171
407- (C) THE ATTORNEY GENERAL MAY DEVELOP A ND PUBLISH GUIDANCE FOR 22
408-NONPUBLIC FACILITIES ABOUT IMMIGRATION ENFORCEM ENT AT SENSITIVE 23
409-LOCATIONS. 24
172+ (H) IF THE CERTIFYING OFF ICIAL CANNOT DETERMI NE WHETHER THE 20
173+APPLICANT IS A VICTI M OF A QUALIFYING CRIMINAL ACTIVITY OR DETERMIN ES 21
174+THAT THE APPLICANT D OES NOT QUALIFY FOR CERTIFICATION , THE CERTIFYING 22
175+OFFICIAL SHALL PROVI DE A WRITTEN EXPLANA TION TO THE VICTIM OR THE 23
176+VICTIM’S PARENT, GUARDIAN, NEXT FRIEND , ATTORNEY, VICTIM ADVOCATE , OR 24
177+OTHER REPRESENTATIVE SETTING FORTH REASON S WHY THE AVAILABLE EVIDENCE 25
178+DOES NOT SUPPORT ISS UANCE OF THE CERTIFI CATION. 26
410179
411- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
412-October 1, 2025. 26
180+ [(f)] (I) A certifying official may DENY OR withdraw the certification provided 27
181+under this section only [on refusal to provide information and assistance when reasonably 28
182+requested of: 29
183+
184+ (1) the victim; or 30
185+
186+ (2) the victim’s parent, guardian, or next friend if the victim was under the 31
187+age of 16 years on the date that an act that constitutes an element of qualifying criminal 32
188+activity first occurred or if the victim is incapacitated or incompetent] IF, AFTER 33
189+CONSIDERING THE TOTA LITY OF THE CIRCUMST ANCES, THE PERSON PROVIDING 34
190+THE HELPFULNESS UNDER SUBSECTION (A) OF THIS SECTION UNREASONABLY 35 HOUSE BILL 579 5
191+
192+
193+REFUSED TO COOPERATE OR FAILED TO PROVIDE INFORMATION OR ASSISTANCE 1
194+REASONABLY REQUESTED BY A CERTIFYING OFFI CIAL. 2
195+
196+ (J) (1) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, A 3
197+CERTIFYING OFFICIAL ’S COMPLETION OF A CE RTIFICATION FORM MAY NOT BE 4
198+CONSIDERED SUFFICIEN T EVIDENCE THAT AN A PPLICANT FOR A U OR A T VISA HAS 5
199+MET ALL ELIGIBILITY REQUIREMENTS FOR THAT VISA , AND COMPLETION OF A 6
200+CERTIFICATION FORM BY A CERTIFYING OFFICIAL MAY NOT BE CONSTRUED TO 7
201+GUARANTEE THAT THE VICTIM WILL RECEIVE IMMIGRA TION RELIE F UNDER 8
202+FEDERAL LAW . 9
203+
204+ (2) COMPLETION OF A CERTI FICATION FORM BY A C ERTIFYING 10
205+OFFICIAL ONLY SERVES AS VERIF ICATION OF THE FACTUAL INFORMATION 11
206+RELEVANT FOR A FEDERAL IMMIGRATION OFFICIAL TO DETERMIN E ELIGIBILITY 12
207+FOR A U OR A T VISA. 13
208+
209+ (3) BY COMPLETING A CERTI FICATION FORM , THE CERT IFYING 14
210+OFFICIAL ATTESTS THA T THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF 15
211+THE CERTIFYING OFFIC IAL’S KNOWLEDGE . 16
212+
213+ (4) THIS SECTION DOES NOT LIMIT THE MANNER IN WHICH A 17
214+CERTIFYING OFFICIAL OR CERTIFYING AGENCY MAY: 18
215+
216+ (I) DESCRIBE WHETHER THE PERSON HAS BEEN HELP FUL TO 19
217+THE CERTIFYING ENTITY ; OR 20
218+
219+ (II) PROVIDE ANY ADDITION AL INFORMATION THE C ERTIFYING 21
220+OFFICIAL OR CERTIFYI NG ENTITY BELIEVES MIGHT BE RE LEVANT TO THE 22
221+ADJUDICATION OF A U OR A T VISA APPLICATION . 23
222+
223+ [(g) A certifying entity may disclose information relating to a victim who is seeking 24
224+or has obtained U Nonimmigrant Status only: 25
225+
226+ (1) in order to comply with federal law, court order, or a discovery 26
227+obligation in the prosecution of a criminal offense; or 27
228+
229+ (2) after adult petitioners for U Nonimmigrant Status or adult U 28
230+Nonimmigrant Status holders have provided written consent for the disclosure of the 29
231+information. 30
232+
233+ (h) (1) Except in cases of willful or wanton misconduct, a certifying entity or 31
234+certifying official who acts or fails to act in good faith in compliance with this section has 32
235+the immunity from liability described under § 5–643 of the Courts Article. 33
236+ 6 HOUSE BILL 579
237+
238+
239+ (2) A person who brings an action to seek enforcement of this section may 1
240+not be awarded attorney’s fees or costs unless the action demonstrates willful or wanton 2
241+misconduct by a certifying entity or certifying official.] 3
242+
243+11–932. 4
244+
245+ (A) A CERTIFYING ENTITY OR A CERTIFYING OFFI CIAL MAY DISCLOSE 5
246+INFORMATION RELATING TO A VICTIM WHO IS S EEKING CERTIFICATION , OR WHO IS 6
247+SEEKING OR HAS OBTAINED U NONIMMIGRANT STATUS ONLY: 7
248+
249+ (1) TO COMPLY WITH FEDER AL LAW, A COURT ORDER , OR A 8
250+DISCOVERY OBLIGATION IN THE PROSECUTION O F A CRIMINAL OFFENSE ; OR 9
251+
252+ (2) IF APPLICABLE , AFTER THE VICTIM HAS WAIVED 10
253+CONFIDENTIALITY PROTECTIONS UNDER THE VIOLENCE AGAINST WOMEN ACT 11
254+UNDER 34 U.S.C. § 12291(B)(2). 12
255+
256+ (B) THIS SECTION MAY NOT BE CONSTRUED TO ALTE R OR DIMINISH THE 13
257+DUTIES AND REQUIREME NTS OF A LAW ENFORCE MENT OFFICER , A STATE’S 14
258+ATTORNEY, OR THE ATTORNEY GENERAL FROM DISCLOSI NG EXCULPATORY 15
259+INFORMATION TO A DEF ENDANT IN A CRIMINAL CASE. 16
260+
261+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
262+October 1, 2025. 18
263+