Immigration (DACA & Dreamers)

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 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.