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 5424 requires employers in West Virginia to verify the U.S. citizenship or legal work authorization of all employees through documentation, defining "unauthorized workers" as non-citizens ineligible for employment. The bill mandates that employers "knowingly" fail to request or review such documentation is considered non-compliant, with the labor commissioner authorized to investigate violations. It establishes "High Risk Industries" for targeted enforcement, preempts conflicting local ordinances, and provides civil protections for employers acting in good faith. The law applies broadly to all employers, including state agencies, and creates new legal mechanisms for compliance verification under the "Worker Citizenship Verification Act of 2026."
SB 522, the West Virginia Jobs Protection Act, requires all employers in West Virginia - including businesses, government agencies, and contractors - to use the federal E-Verify system to confirm the work authorization of every new hire within three business days of their start date. This applies to all employers regardless of size, with violations subject to fines of $5,000-$15,000 per unauthorized worker, license suspension, or loss of state contracts. Employers must enroll in E-Verify and begin compliance by July 1, 2026, and retain verification records for at least three years. The law aims to ensure all employees have legal work authorization under federal law, with the West Virginia Division of Labor overseeing enforcement and reporting compliance data annually.
HB 4551, the West Virginia Safe Trucking Act 2026, requires non-domiciled commercial drivers (those not residents of West Virginia) operating commercial vehicles in the state to present a valid work visa and proof of citizenship (such as a birth certificate, naturalization certificate, or passport) starting July 1, 2026. This applies specifically to drivers holding non-domiciled commercial driver licenses or learner permits, as defined by federal regulations. Violations carry fines up to $2,500 for drivers per offense and up to $3,000 per violation for commercial carriers employing non-compliant drivers. The bill amends existing licensing standards to add these requirements and penalties, focusing on verifying legal work authorization for commercial truck drivers.
Senate Bill 462 requires most employers in West Virginia to use the federal E-Verify system to confirm whether new employees are legally permitted to work before hiring them. Employers must create an E-Verify account, temporarily employ new workers until verification is complete, and maintain records for three years or the length of employment, whichever is longer. The bill also prohibits local governments from creating conflicting rules and allows the labor commissioner to access specific state records (like driver’s license databases) to verify work status while protecting personal information. This applies to all businesses and organizations employing workers in West Virginia, with exceptions for employees hired before the bill’s effective date and those already exempt under federal law.
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.
