This article provides guidance to state, federal and tribal court judges on when and how judges can ethically sign U visa certifications under the guidance provided by the American Bar Association’s Model Code of Judicial Ethics since most state’s Codes of Judicial Conduct are closely aligned with the ABA Moel Code. This document provides a brief introduction to the U visa program, focusing on common misunderstandings about immigration law and the U visa program that arise in Judicial Ethics Board opinions and court cases. Courts and judicial ethics boards are better able to issue opinions and decisions that reflect Congressional and DHS intent, by relying upon the expertise of and publications issued by DHS and USCIS for legally accurate information about immigration law. This guidance document specifically discusses the ABA Model Code of Judicial Ethics sections relevant to U visa certification by judges, as well as four Judicial Ethics Board opinions issued through 2024. The document corrects inaccuracies and misconceptions in these ethics opinions, provides legally accurate information on immigration law that is consistent with DHS and USCIS regulations, policy, and publications and demonstrates when and how judges can ethically sign U visa certifications.

The article is co-authored by Hon. Rosemary Collins (Ret.), Hon, Lora Livingston (Ret.), Hon. Chanpone Sinlapasi, Hon. Ramona Gonzalez (Ret.), Leslye E. Orloff, and Rafaela Rodrigues; is supported by the National Council of Juvenile and Family Court Judges (NCJFCJ) Grant No.15JOVW-21-GK-02256-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice, and the opinions, findings, conclusions, and recommendations expressed in this publication/program/ exhibition are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice; and is jointly published by the NCJFCJ and NWAP, American University, Washington College of Law.