SB 131 West Virginia Senate · 2025 Regular Session

Modifying prohibitions on illegal immigrants entering or residing in WV

SB 131 creates new state criminal offenses for undocumented immigrants entering or reentering West Virginia without authorization. It defines "illegal entry" as entering outside designated ports (like Charleston) and makes this a misdemeanor ($50-$500 fine or up to 90 days jail), or a felony with harsher penalties for repeat offenses or prior convictions involving drugs/crimes. The bill also establishes a "return order" process (§61-17-4) allowing judges to dismiss charges if immigrants agree to leave the state, after verifying identity and security checks. It prohibits courts from halting prosecutions due to pending federal immigration status decisions (§61-17-5). The bill directly affects undocumented immigrants entering West Virginia, shifting enforcement to state criminal penalties for violations previously handled federally.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 12, 2025 Last action Feb 12, 2025
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Full legislative history

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Total actions
3
Key actions
0
Committee
1
Feb 12, 2025
Introduced
Introduced in Senate
upper
Feb 12, 2025
Committee
To Judiciary
upper
1 primary · 1 co-sponsor

Sponsors