Safety and Access for Immigrant Victims Program – Washington State Department of Commerce
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    • Commerce’s Safety and Access for Immigrant Victims initiative aims to promote and provide consistent, equal protections to immigrants who are victims of a crime.

    Its goal is to ensure that all victims of crime are able to access the protections available to them under the law.  

    Agency reporting

    RCW 7.98.020 (6)(c) requires each certifying agency identified in RCW 7.98 to keep written documentation of the following:

    • The number of certification forms requested
    • The number of certification forms signed
    • The number of certification forms denied
    • The number of certification forms withdrawn

    Annual reports are due to the Office of Crime Victims Advocacy by August 15th for the state fiscal year time period: July 1 – June 30.  

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    What does the Safety and Access for Immigrant Victims Act do?

    1. Requires certifying agencies (defined as law enforcement, prosecutors, administrative judges, hearing officers and agencies that have investigative jurisdiction in their respective area of expertise) to:
      • Make a determination that a victim experienced a qualified crime
      • Make a determination that the victim has been helpful; is currently being helpful; or is likely to be helpful in the detention, investigation, and prosecution of the criminal activity
      • Document the above information appropriately on the federal U and T visa certification forms
      • Process the certifications within 90 days of the request (In situations when the victim is in federal immigration removal proceedings, the request must be processed within 14 days)
      • Identify an individual at their agency that is responsible for responding to certification requests
      • Provide outreach and education to the community regarding U and T visa certifications
      • Provide documentation of the number of certifications signed, denied, and/or withdrawn to the Office of Crime Victims Advocacy (OCVA) annually
    2. Ensures that certifying agencies have language access protocols for Limited English Proficiency (LEP) and deaf and hard of hearing victims.
    3. Provides confidentiality for victims. Certified agencies are not allowed to disclose personal identifying information and immigration status unless disclosure is required under relevant federal law or court order.
    4. Requires that OCVA convene a Crime Victim Certification Steering Committee.

    What is the U Visa?

    The U non-immigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helping law enforcement or government officials in the investigation and prosecution of criminal activity.

    You can read more about the U Visa here.

    What is the T Visa?

    The T non-immigrant status (T visa) is a temporary immigration benefit that enables certain victims of a severe form of human trafficking to remain in the United States for up to four years if they assisted law enforcement in an investigation or prosecution of human trafficking.

    You can read more about the T Visa here.

    RCW 7.98 requires that the Crime Victim Certification Steering Committee makes it possible for the public to report concerns, as well as offer recommendations on the implementation of the Safety and Access for Immigrant Victims Act. There are several ways that you can report your concerns or recommendations.

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    Crime Victims Advocacy

    Contact

    Office of Crime Victims Advocacy
    OCVA@Commerce.wa.gov
    360-725-4000 (main line)