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.
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 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 5645 would impose work requirements for Medicaid and SNAP (food stamp) eligibility in West Virginia. It limits SNAP benefits for able-bodied adults without dependents to three months in a 36-month period unless they work, participate in job training, or volunteer at least 20 hours weekly. The bill requires verification of citizenship status, prohibits non-citizens from receiving SNAP benefits, and mandates hospitals to report certain patient information to the Department of Human Services. It also includes provisions for counties to qualify for work requirement exemptions based on unemployment data, though all counties will lose such exemptions after October 2022. The bill affects low-income adults seeking Medicaid or SNAP benefits who do not have children.
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 5211 requires noncitizen driver's licenses and identification cards issued in West Virginia to be stamped with "NC" (noncitizen). This amendment to §3-1-34(a)(1)(C) of West Virginia law clarifies that such "NC"-stamped IDs cannot be used as valid identification for voting. The bill directly affects noncitizen residents who hold these licenses, as the "NC" designation makes their IDs invalid for meeting voting ID requirements. It modifies existing voting procedures to prevent noncitizen IDs from being accepted as proof of identity at polling places.
HB 5423 would change West Virginia's voting and driver's license requirements to restrict undocumented immigrants. It removes certain identification documents (like out-of-state licenses) from being valid for voting, requiring instead that voters present state-issued IDs with photos or specific federal/military documents. The bill also mandates a special-colored driver's license for documented non-citizens and prohibits the state from recognizing out-of-state licenses issued to undocumented immigrants. These changes directly affect undocumented immigrants in West Virginia who currently use non-compliant IDs for voting or driving.
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 5037 would require all West Virginia residents who wish to vote in state or local elections or run for public office (including state, county, city, town, or village positions) to be natural-born U.S. citizens. The bill amends election code definitions to specify that "voter" and "candidate" must be natural-born citizens, excluding naturalized citizens from eligibility. These changes would take effect on January 1, 2028, applying to all general, primary, and special elections. The bill directly affects voters and candidates seeking public office in West Virginia.
HB 5367, the Refugee Absorptive Capacity Act, requires West Virginia to assess a community's ability to support refugees before accepting new resettlements. The bill mandates local governments and the state to evaluate factors like healthcare capacity, housing availability, school resources, job market impact, and law enforcement readiness before approving refugee placements. This applies directly to refugee resettlement organizations and local governments (counties or cities) considering refugee intake. The law creates a procedural framework for these assessments but does not change current refugee acceptance numbers or policies.
