The Worker Citizenship Verification Act of 2026 seeks to enhance the verification of legal employment status for workers in West Virginia by introducing new definitions and requirements for employers. It defines "Unauthorized worker" as an individual who is not a natural born or legally naturalized citizen of the United States, thus ineligible for employment. The bill mandates that employers must verify a prospective employee's legal citizenship status and obtain valid documentation before hiring. If there are doubts about the validity of the documents, employers are required to consult the Secretary of State, who may reach out to federal agencies for verification. Additionally, employers must maintain records of legal status for all employees, which must be available for inspection, and face penalties for non-compliance, including fines and potential jail time for knowingly employing unauthorized workers.

The bill also establishes a structured penalty system for violations, where a first violation results in a warning, a second leads to public notification and potential civil action, and a third could result in permanent revocation of the employer's business license. It allows for anonymous complaints and provides an affirmative defense for employers who can demonstrate compliance with the law. Furthermore, the bill prohibits local ordinances that could interfere with its enforcement and protects employers from wrongful termination claims if they terminate employees to comply with its provisions. The commissioner is tasked with identifying "High Risk Industries" for unauthorized workers, which will be subject to more frequent inspections, thereby strengthening the enforcement of immigration laws in the workplace.

Statutes affected:
Introduced Version: 21-1B-2, 21-1B-3, 21-1B-4, 21-1B-5, 21-1B-6, 21-1B-7, 21-1B-9, 21-1B-10, 21-1B-11, 21-1B-12, 21-1B-13