Senate 615

WEST virginia legislature

2026 regular session

Introduced

Senate Bill 615

By Senators Hart, Smith (Mr. President), Azinger, Chapman, Deeds, Fuller, Helton, Phillips, Rose, Thorne, and Z. Maynard

[Introduced January 27, 2026; referred
to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §61-17-1, relating to illegal immigration; requiring persons with illegal immigration status to be turned over to ICE; and creating criminal penalties for subsequent offenses.

Be it enacted by the Legislature of West Virginia:

ARTICLE 17. illegal immigration.

§61-17-1. Punishment of persons with illegal immigration status; first and second offense.

(a) Any individual who has been determined to be in the country illegally by local, state, or federal law enforcement in this state shall be immediately turned over to Immigration and Customs Enforcement ("ICE") for purposes of deportation.

(b) If the same individual is apprehended and determined to be in the country illegally by local, state, or federal law enforcement in this state for a second time, that individual shall be guilty of a felony offense, and shall be incarcerated in a state penitentiary for no less than three and no more than five years, and upon release from the state penitentiary, shall be immediately turned over to Immigration and Customs Enforcement ("ICE") for purposes of deportation.

(c) The provisions of §15-16-1 et seq. shall apply to this article, with no state entity, local entity, or law enforcement agency being able to usurp this article or federal immigration policy.

NOTE: The purpose of this bill relates to the punishment of persons with illegal immigration status.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.