THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 21 of The Philadelphia Code is hereby amended to read as follows:
* * *
CHAPTER 21-3***. U-VISA AND T-VISA CERTIFICATIONS
§ 21-3***. Definitions.
Applicant. A person applying for a U-Visa or a T-Visa.
Certifying Agency. Any City agency authorized to complete U-Visa or T-Visa Certifications.
Qualifying Criminal Activity. Criminal activity as defined in 8 C.F.R. § 214.14(a)(14).
U-Visa or T-Visa Certification: A Certification from a City agency in support of an application for a U Visa or T Visa under the Victims of Trafficking and Violence Protection Act (2000), or for the Deferred Action Program under 6 U.S.C. § 202(5) and 8 U.S.C. § 1103.
§ 21-3***. Duties of Certifying Agencies.
(1) Certifying Agencies have the following duties:
(a) Respond to an Applicant’s request for a U-Visa or T-Visa Certification within ninety (90) days.
(b) Develop a protocol for responding to requests for U-Visa or T-Visa Certifications. The protocol must be publicly accessible on the Certifying Agency’s website. The protocol should be developed in collaboration with a subject matter expert on certification forms and crimes against immigrants.
(c) Ensure confidentiality of an Applicant’s immigration status. A Certifying Agency may not disclose the immigration status of an Applicant to anyone outside the Certifying Agency, except to an Applicant’s legal representative, to comply with Federal law, or as authorized by the Applicant.
(d) Complete the U-Visa or T-Visa Certification if it is determined that the Applicant:
(i) was a victim of Qualifying Criminal Activity;
(ii) possesses information about the Qualifying Criminal Activity;
(iii) was helpful, is helpful, or is likely to be helpful to the Certifying Agency in the detection, investigation or prosecution of the Qualifying Criminal Activity.
(e) Provide an expedited response in twenty-one (21 days), if requested by the Applicant, and the Applicant or the Applicant’s legal representative affirmatively establishes that:
(i) The Applicant is in a Federal removal proceeding or has a final order of removal.
(ii) The Applicant provides documentation that the Applicant, or the Applicant’s child or sibling would become ineligible for benefits under 8 U.S.C. § 1184(p) and (o) (relating to admission of nonimmigrants) by virtue of the Applicant or the Applicant’s child becoming 21 years or age, or the Applicant’s sibling becoming 18 years of age.
§ 21-3***. Denial of a Request for U-Visa or T-Visa Certification.
(1) If a Certifying Agency denies a request to complete a U-Visa or T-Visa Certification, the Applicant is entitled to receive a written explanation of the reasons the Applicant does not meet the requirements for the Certifying Agency to complete the certification, at the time the denial is conveyed to the Applicant.
(2) After receiving a denial, the Applicant may submit additional evidence to the Enforcement Agency for reconsideration of their request. Denial upon reconsideration must also be accompanied by a written explanation.
(3) A Certifying Agency shall not consider any of the following in determining whether to complete a U-Visa or T-Visa Certification:
(i) the period of time between when the Applicant was victimized and when they submitted their certification form;
(ii) whether there is an active investigation into the Qualifying Criminal Activity.
(iii) whether there are charges filed related to the Qualifying Criminal Activity.
(iv) whether there was a prosecution or conviction of the Qualifying Criminal Activity.
(v) the fact that an Applicant has a prior civil immigration violation.
* * *
SECTION 2. This Ordinance shall be effective immediately.
End