This bill proposes the addition of a new article to the Code of West Virginia, specifically addressing the punishment of individuals with illegal immigration status. Under the new provisions, any person determined to be in the country illegally by law enforcement will be immediately referred to Immigration and Customs Enforcement (ICE) for deportation. If the same individual is apprehended a second time for being in the country illegally, they will be charged with a felony and face incarceration in a state penitentiary for a minimum of three years and a maximum of five years, after which they will also be turned over to ICE for deportation.

Additionally, the bill stipulates that existing provisions in section 15-16-1 et seq. will apply to this new article, ensuring that no state or local entity can override the stipulations of this article or federal immigration policy. The bill aims to establish clear penalties for first and second offenses related to illegal immigration status in West Virginia.

Statutes affected:
Introduced Version: 61-17-1