This bill would allow public schools and charter schools in West Virginia to refuse enrollment to students who are unlawfully present in the United States, provided the student or their parent has exhausted all available legal appeals. The legislation requires schools to verify a student's immigration status through documentation before enrollment, accepting only U.S. citizenship, citizenship applications, or legal visa status as valid proof. By adding a new section to state law, the bill creates an eligibility standard for public school enrollment that differs from current federal precedent, permitting schools to deny access to students with final removal orders without charging tuition.
HB 5589 (West Virginia) prohibits state law enforcement agencies from entering new or continuing existing 287(g) agreements with federal immigration authorities (like ICE). It requires judicial warrants for ICE to enter nonpublic areas of government facilities or conduct enforcement in sensitive locations (schools, hospitals, places of worship). The bill bans detaining individuals solely based on ICE detainers and prohibits transferring people to ICE without a warrant. It directly affects all West Virginia law enforcement agencies and state facilities by restricting cooperation with federal immigration enforcement absent court authorization. The bill repeals previous state laws governing immigration cooperation and establishes new requirements for warrant-based enforcement.
HB 5361 would prevent state and local law enforcement officers in West Virginia from conducting immigration-related arrests, detentions, or surveillance in sensitive locations like schools, places of worship, hospitals, courthouses, and facilities serving vulnerable populations (e.g., victims of abuse or individuals with disabilities). The bill defines these "sensitive locations" and prohibits immigration enforcement actions there, except when a court orders entry or an imminent public safety threat requires intervention. This directly affects how state/local officers interact with immigration enforcement in these settings. The law does not restrict federal immigration enforcement actions but limits state/local cooperation in protected locations.
HB 5644 requires all West Virginia public K-12 schools and accredited colleges/universities to record students' immigration status and nationality as defined by federal law. This includes categories like U.S. citizens, permanent residents, non-immigrants, undocumented individuals, and refugees. Schools must annually publish aggregated demographic data (without individual student details) on immigration status to the state education superintendent, who will post it online. The bill directly affects every public educational institution in West Virginia by mandating this data collection and reporting process. It does not change student eligibility for education but creates a statewide database for tracking enrollment demographics.
HB 5408 would require West Virginia government entities (such as state agencies, counties, and municipalities) to obtain a court-issued warrant before sharing personal information for federal immigration enforcement. Before disclosing such data, agencies must verify with requesters - under penalty of perjury - whether the information is sought for immigration enforcement and, if so, demand a warrant from a federal or state court. The bill also mandates annual reports to the attorney general and legislature detailing the number of immigration-related requests received and how they were handled. This law directly affects local and state agencies that handle personal data, including law enforcement and social services departments.
HB 5477 requires state-supported law enforcement agencies - including county sheriffs, municipal police, and regional jails receiving state funds - to join the federal 287(g) program for immigration enforcement. Larger detention facilities must use the "Jail Enforcement Model" under this program, with a fallback to the "Warrant Service Officer Model" only if federal authorities deny the primary option. The bill mandates reporting, audits, and allows withholding of state public safety funds from noncompliant agencies. It standardizes cooperation with federal immigration enforcement in detention settings across West Virginia.
HB 4671 requires West Virginia law enforcement to immediately transfer individuals determined to be in the country without legal immigration status to U.S. Immigration and Customs Enforcement (ICE) for deportation. For a second offense (if the same person is again found without legal status), the bill classifies it as a felony, mandating 3 to 5 years in state prison before deportation. The bill also prohibits state and local law enforcement from interfering with this process or overriding federal immigration policy. It directly affects individuals without legal immigration status who are apprehended by law enforcement in the state.
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.
HB 4845 (West Virginia) creates new state-level criminal offenses for "illegal entry into the state" and "illegal reentry," directly affecting individuals entering West Virginia without legal authorization. Key provisions establish penalties for these offenses, prohibit probation or parole for convictions, require the Criminal Identification Bureau to maintain records of such entries, and grant immunity to officials enforcing these provisions. The bill also mandates court procedures for deportation orders and ensures prosecution continues regardless of federal immigration status. It does not address border security but defines state-level criminal liability for unauthorized entry.
HB 4059 requires West Virginia counties and hospitals to report costs related to undocumented immigrants. Counties must disclose quarterly expenses for housing, food, transport, and education for undocumented individuals, including dates, amounts, and purposes. Hospitals must add immigration status questions to patient forms (with privacy assurances) and report quarterly on admission numbers, including those who declined to answer. The Department of Health will compile annual reports on uncompensated care costs for noncitizen patients and submit them to state leaders. This bill focuses solely on data collection, not cost calculation or policy changes.
