The Montgomery County Council voted unanimously Tuesday to approve legislation that intends to strengthen protections for undocumented immigrants who are victims of violent crime.
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 allowing those crime victims to apply for a U visa. The legislation passed Tuesday will remove that cap so that crime victims can still apply after 10 years.
“We’ve all been hearing from parents who are scared about going to work, from kids who are scared that their parents might be deported,” said one of the bill’s lead sponsors, councilmember Evan Glass (D-At-large). “We do not build walls around Montgomery County. We open our arms and embrace our immigrant neighbors, because this is who we are … immigrants are far more likely to be victims of crime than perpetrators of it, and they deserve justice too.”
Glass and his colleagues introduced the legislation in November partly as a response to President Donald Trump’s immigration policies. Since his inauguration last month, Trump has issued executive orders making it easier for the U.S. Immigration and Customs Enforcement (ICE) to carry out mass deportations. The administration also rescinded 2021 guidance from the Biden administration that created protected areas including areas “where children gather, disaster or emergency relief sites, and social services establishments.” The federal changes have caused concern for county and school officials and immigration advocates.
The approved legislation was also sponsored by councilmembers Natali Fani-González (D-Dist. 6) and Dawn Luedtke (D-Dist. 7) and 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 legislation received widespread support from the county police department and immigration advocates at a public hearing last month.
In 2024, the police department received applications for nearly 140 U visa certifications, according to Assistant Chief Nicholas Augustine, chief of Investigative Services. 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 during the January hearing the police department wants the ability to certify applications that otherwise qualify but are past the 10-year cap deadline.
Prior to the vote, councilmembers spoke of the importance of passing the legislation because of the current political climate.
“The U visa certification process really emphasizes the need of having strong connections between our immigrant community and the police. That’s really, really important, now more than ever, when people are feeling desperate and living in fear,” Fani-González said.
Fani-González, who is an immigrant from Venezuela, said she has been speaking with members of the local immigrant community and she is saddened by their fear.
“I’m going to take this opportunity and remind parents – you live in Montgomery County, one of the most amazing places in the United States. We’re a welcoming community. Please don’t be afraid of sending your kids to school,” she said. “Please don’t be afraid of speaking out when you see a crime being committed. This U visa is a way for you to get status here at the same time working with our police department to ensure that our communities are safe for everybody.”
