This bill aims to amend the Code of West Virginia by introducing a new article, designated as Article 17, which establishes the "West Virginia Community Trust and Law Enforcement Cooperation Act." It repeals existing provisions under Article 16 that mandated cooperation with federal immigration enforcement, including the enforcement of immigration detainers and agreements with federal agencies like ICE. The new article prohibits state law enforcement agencies from entering into agreements that delegate immigration enforcement authority and restricts their participation in federal immigration enforcement activities unless a judicial warrant is presented.
Under the proposed legislation, state agencies are barred from detaining individuals solely for federal immigration purposes based on ICE detainers, and they cannot assist in transferring custody to ICE without a judicial warrant. The bill also emphasizes the need for oversight and transparency, requiring agencies to maintain records of judicial warrants and report annually on their immigration enforcement activities. Additionally, it establishes disciplinary measures for officers or employees who violate these provisions, thereby reinforcing the state's commitment to protecting the rights of individuals against unlawful immigration enforcement practices.
Statutes affected: Introduced Version: 15-17-1, 15-17-2, 15-17-3, 15-17-4, 15-17-5, 15-17-6, 15-17-7, 15-16-1, 15-16-2, 15-16-3, 15-16-4, 15-16-5, 15-16-6, 15-16-7, 15-16-8, 15-16-9