HB 5551 requires West Virginia to continue issuing non-REAL ID compliant driver's licenses and ID cards, clearly marked "NOT FOR REAL ID ACT PURPOSES," which remain valid for all state purposes like driving and identity verification. The bill prohibits the state from collecting biometric data (such as facial scans or fingerprints), retaining copies of identity documents (like birth certificates or Social Security cards), or sharing personal information from these licenses with federal or interstate databases. It mandates that applicants be informed of their choice between REAL ID and non-REAL ID options and provided with a list of TSA-acceptable IDs, while banning digital IDs and requiring physical licenses for all purposes. The law also prohibits state agencies from entering agreements that conflict with these protections.
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 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."
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.
HB 4148 requires real estate salesperson license applicants in West Virginia to submit proof of U.S. citizenship or legal authorization to work in the United States. This directly affects individuals seeking to become real estate salespersons in the state. The bill amends §30-40-13 of the West Virginia Code to add this documentation requirement alongside existing education and exam standards. It does not change the education or exam requirements but adds a new verification step for applicants' immigration status. The law applies only to salesperson licenses, not other real estate professional licenses.
HB 4486 establishes fines for employers who knowingly hire unauthorized workers in West Virginia. It directly affects businesses and organizations that employ individuals without proper immigration authorization. The bill sets tiered penalties: $1,000-$10,000 for a first offense, $5,000-$20,000 for a second, and $10,000-$30,000 or up to one year in jail for third or subsequent offenses. Additional penalties apply for falsifying records or transferring assets to evade these requirements. The bill amends existing law to strengthen enforcement against employers who knowingly violate immigration hiring rules.
HB 4718, the Secure Roads and Safe Trucking Act, requires nonresident commercial truck drivers operating in West Virginia to present a valid work visa and proof of citizenship (such as a birth certificate or passport) while driving. It also mandates that drivers demonstrate sufficient English proficiency to communicate with the public, understand traffic signs, respond to officials, and complete required records. Commercial motor carriers face $3,000 fines per violation if their drivers fail to meet these requirements, while drivers operating without compliance risk a misdemeanor charge with fines up to $1,000 or 90 days in jail. The bill additionally allows the state to adopt the FMCSA's Even Exchange Program, waiving skills tests for military drivers with relevant experience and certain first responders.
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 4099 prohibits West Virginia from recognizing driver's licenses issued by other states to individuals who cannot prove lawful presence in the U.S. (such as licenses marked for undocumented immigrants or issued exclusively to them). It makes these licenses invalid for driving in West Virginia, requiring law enforcement to issue citations for driving without a valid license when such a license is presented. The state’s motor vehicle department must maintain an online list of out-of-state license types deemed invalid under this law. This bill directly affects undocumented immigrants who hold out-of-state licenses and would be unable to legally operate vehicles in West Virginia under this policy.
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.
