Immigration

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 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 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.

HB 5408 would require West Virginia government entities (such as state agencies, counties, and municipalities) to obtain a court-issued warrant before sharing personal information for federal immigration enforcement. Before disclosing such data, agencies must verify with requesters - under penalty of perjury - whether the information is sought for immigration enforcement and, if so, demand a warrant from a federal or state court. The bill also mandates annual reports to the attorney general and legislature detailing the number of immigration-related requests received and how they were handled. This law directly affects local and state agencies that handle personal data, including law enforcement and social services departments.