Advocates and community members overwhelmingly shared their support Tuesday for proposed legislation before the Montgomery County Council that intends to strengthen protections for undocumented immigrants who are victims of violent crime.
The bill targets an issue that its sponsors say is especially important considering President-elect Donald Trump’s plans to deport undocumented immigrants after he takes office Monday.
The U visa Law Enforcement Certification Policy, or the Uplifting Victims and Immigrant Safety Act (U V.I.S.A.), is sponsored by Councilmembers Evan Glass (D-At-large), Natali Fani-González (D-Dist. 6) and Dawn Luedtke (D-Dist. 7). It’s co-sponsored by Council President Kate Stewart (D-Dist. 4) and councilmembers Gabe Albornoz (D-At-large), Marilyn Balcombe (D-Dist. 2), Andrew Friedson (D-Dist. 1) and Sidney Katz (D-Dist. 3).
The federal U visa, or U nonimmigrant status, grants legal status to victims of violent crimes — such as sexual assault, human trafficking and domestic violence — who assist law enforcement with the investigation of those crimes. While federal and state law have no statute of limitation for U visa eligibility, Montgomery County has a 10-year cap on assisting crime victims in its U visa application process. The proposed legislation would remove that cap so that crime victims can still apply after 10 years.
“As someone directly affected by a crime that took my daughter from me exactly two years ago today, I am here before you to express my full support for this [legislation],” county resident and immigrant Edith Xiomara Montalvan testified at Tuesday’s council public hearing. “Without these protections, many crime victims will not dare to report crimes, thus creating an environment of more insecurity for everyone in the county, and more fear in our immigrant community. In seeking justice, it is important to punish criminals and protect the victims and their families.”
County resident Amos Fon said he left his home country of Cameroon because of violent crimes he witnessed, which is why he supports the legislation.
“I lived through a brutal period of violence and genocide,” Fon said. “I saw my neighbors and friends murdered, and I knew speaking out against these atrocities would put my life at risk. This is why I had no choice but to flee.”
The proposed legislation has been endorsed by the county police department.
“The U visa program is designed to protect and empower victims of certain qualifying crimes, allowing them to come forward without fear of deportation and assist law enforcement and holding those accountable that victimize our community,” Assistant Chief Nicholas Augustine, chief of Investigative Services, told the council. “It is a vital tool for enhancing safety, justice and community cohesion.”
In 2024, the police department received applications for nearly 140 U visa certifications, according to Augustine. He said 69 applications were certified and 64 were denied – with more than 16 of those denied because they were filed beyond the 10-year statute of limitations on felony crimes. Augustine said the police department wants the ability to certify applications that otherwise qualify but are past the 10-year cap deadline.
Alice Barrett, supervising immigration attorney with CASA, an immigrant advocacy organization, told the council she has firsthand experience helping immigrants obtain U visas. She said she has been particularly disturbed by the number of young immigrant women and girls in the county who have experienced violence and abuse.
“I have represented young women … some as mere girls, who were sexually assaulted or abused by people who they thought were there to protect them and provide them shelter,” Barrett said. “In some of these cases, these women waited many years of pursuing [U visa status] and were simply not aware of this as a pathway to legal status, given their vulnerability as limited English language speakers and given their low-income status.”
No one spoke in opposition to the bill during Tuesday’s public hearing.
Glass said during a press conference in November that he was inspired to sponsor the bill after a lawyer contacted the council early in 2024 when the lawyer’s client, a survivor of sexual assault, was unable to obtain a U visa due to the county’s cap, but that he also believes the legislation is more “urgent” following Trump’s election in November.
“Let’s not kid ourselves. The national election has changed everything. … We want to make sure that every single person is protected, that the law is on their side,” Glass said. “This is one of many efforts, I suspect, that will be coming forward in Montgomery County and across Maryland to make sure that everyone remains welcome.”
The council’s Public Safety Committee will hold a work session Jan. 27 on the proposed legislation. A vote has not yet been scheduled.
