Immigration (Detention)

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 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 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.