Immigration

HB 5354 authorizes the continued use of multiple existing legislative rules governing West Virginia's higher education programs, including scholarship initiatives like the Underwood-Smith Teacher Scholarship and PROMISE. It amends one rule (Medical Student Loan Program) to require U.S. citizenship or legal immigrant status for eligibility and repeals two outdated rules related to purchasing efficiencies and a research trust fund program. The bill does not create new programs but formalizes current administrative practices under the Higher Education Policy Commission and Community and Technical College Education. This procedural bill affects state education agencies and institutions managing these programs.

SB 944 expands West Virginia's law enforcement authority to include 20 additional categories of federal officers, such as FBI agents, IRS special agents, and Border Patrol officers, who may enforce state laws under specific conditions. These officers can act when requested by state/local agencies, during emergencies involving imminent danger, or when witnessing a felony. The bill explicitly excludes enforcement of traffic laws and parking ordinances, and clarifies that these federal officers remain federal employees - not state law enforcement personnel - and cannot conduct independent investigations. This policy change aims to enhance coordination between federal and state agencies during joint operations or emergencies.

HB 4198, the E-Verify Requirement Act, requires all employers in West Virginia - including businesses, government entities, and public agencies - to use the federal E-Verify system to confirm employees' work authorization. It replaces criminal penalties with fines for knowingly employing unauthorized workers ($100-$10,000 per violation depending on offense count) and allows license suspension or revocation for repeat violations. The bill also creates a "safe harbor" for employers who use E-Verify, shielding them from penalties for failure to verify status. It repeals a provision denying business expense deductions for non-compliance but maintains financial penalties and licensing consequences for violations.

SB 615 (West Virginia Senate Bill 615) requires all state and local law enforcement agencies in West Virginia to notify U.S. Immigration and Customs Enforcement (ICE) when they determine an individual is in the U.S. without legal authorization. The bill directly affects undocumented immigrants in West Virginia and mandates that law enforcement cooperate with federal immigration authorities under federal law. Key provisions include prohibiting any state or local policies that would block this notification, and requiring agencies to follow federal immigration enforcement procedures. This bill changes how West Virginia law enforcement handles immigration status determinations, making notification to ICE mandatory rather than optional.