SB 615 — Requiring persons with illegal immigration status be turned over to ICE

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 615 ByBY SenatorsSENATORS Hart,HART Smith, (Mr.MITH(M R.

President),RESIDENT), Azinger,ZINGER, Chapman,CHAPMAN Deeds,, Fuller,DEEDS, Helton,ULLER, Phillips,HELTON, Rose,HILLIP, Thorne,OSE and, THORNE , Z.

MaynardAYNARD [Introduced, JanuaryAYLOR, 27,OBERTS 2026;, WILL,S B ARTLETT,ANDT ARR [Reported February 3, 2026, from the Committee on the Judiciary] CS for SB 615 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §15-16-2a, relating to requiring law enforcement to notify federal agency regarding persons with illegal immigration status;

referredand toprohibiting thelaws Committee on the Judiciary] Intr SB 615 2026R3224 A BILL to amend the Codecontrary. 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.

ARTICLE 17.16.

ILLEGALFEDERAL IMMIGRATION.IMMIGRATION ENFORCEMENT.

§61-17-1.§15-16-2a.

PunishmentMandatory notification of personsfederal withauthority of illegal immigrationimmigrant status;status.

first(a) Where an individual has been determined to be in the United States illegally by a law- enforcement agency in this state including, but not limited to, determinations made in accordance with Section 287 of the federal Immigration and secondNationality offense.Act, 8 U.S.C.

(a)§ Any1357 individualet whoseq., hasthe beenlaw- determinedenforcement toagency beshall innotify theand countrycooperate illegallywith bythe local,United state,States orImmigration federaland lawCustoms enforcementEnforcement indivision thisof statethe shallUnited beStates immediatelyDepartment turnedof overHomeland Security to Immigrationthe andfull Customsextent Enforcementauthorized ("ICE")under forfederal purposesand ofstate deportation.law.

(b) IfThe theprovisions 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§15-16-1 felonyet offense,seq. 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)of Thethis provisionscode apply to this section, and a state entity, local entity, or law-enforcement agency may not usurp or otherwise abrogate this section through the adoption or maintenance of §15-16-1any etlaw, seq.ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten.

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.