This bill aims to amend the West Virginia code by introducing new sections that enhance cooperation with federal immigration enforcement, specifically through the federal 287(g) program. It mandates that all state-supported law enforcement agencies apply for and maintain an active memorandum of agreement (MOA) with the U.S. Immigration and Customs Enforcement (ICE). Detention facilities with an operational capacity of 300 or more beds are required to adopt the Jail Enforcement Model, while smaller facilities may operate under the Warrant Service Officer Model only if they receive a written denial from ICE for the Jail Enforcement Model. The bill also establishes minimum cooperation standards, including information sharing with ICE and notification of inmate releases subject to ICE actions.
Additionally, the bill outlines enforcement mechanisms, including audits and compliance reviews conducted by the Attorney General, and stipulates that state funds may be withheld from agencies that fail to comply with the new requirements. It provides immunity for agencies and personnel acting in good faith under the new provisions, and includes a rulemaking process for implementation. The effective date for these amendments is set for April 1, 2026.
Statutes affected: Introduced Version: 15-16-10, 15-16-11, 15-16-12, 15-16-13, 15-16-14, 15-16-15, 15-16-16, 15-16-17, 15-16-18, 15-16-19, 15-16-20, 15-16-21, 15-16-22