House Bill 2426 would create a new article in West Virginia law addressing people determined by local, state, or federal law enforcement to be in the country illegally. Under the bill, an individual identified as unlawfully present in the state would be immediately turned over to U.S. Immigration and Customs Enforcement (ICE) for deportation. If the same person is later apprehended and again determined to be in the country illegally, the bill would make that second offense a felony punishable by three to five years in a state penitentiary, followed by transfer to ICE for deportation.
The bill also states that existing provisions in §15-16-1 et seq. apply and that no state entity, local entity, or law enforcement agency may override the article or federal immigration policy. In effect, the measure seeks to impose a state-level enforcement and punishment framework tied to immigration status and repeat apprehension, while directing coordination with federal immigration authorities.
Impact
HB2426 would add a new section to the West Virginia Code and create new criminal consequences tied to unlawful immigration status, including mandatory transfer to ICE and a felony penalty for a second apprehension. It would affect local and state law enforcement practices by requiring immediate handoff to federal immigration authorities and would establish a state prison sentence for repeat cases. The bill would also interact with existing state provisions governing immigration-related matters and could affect individuals identified as unlawfully present, correctional institutions, and agencies involved in arrest, detention, and deportation procedures.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text alone, the measure appears to reflect a strong enforcement-oriented approach to illegal immigration, with sponsors likely seeking stricter state involvement in immigration enforcement. The absence of recorded discussion makes it difficult to assess broader legislative sentiment beyond the bill’s clear punitive intent.
Contention
The main points of contention would likely center on whether the state can or should impose criminal penalties based on immigration status and require automatic transfer to ICE. Potential critics may argue that the bill risks conflict with federal immigration authority, raises due process concerns, and could burden local law enforcement and correctional resources. Supporters would likely emphasize deterrence, cooperation with federal authorities, and the need for stronger enforcement against repeat unlawful presence in the state.