Sanctuary City Status and Immigrant Protections in West Virginia 2025

West Virginia enforces anti-sanctuary laws with HB 2386 and a 2025 executive order requiring local cooperation with ICE. Joining the 287(g) program, it increases risks for undocumented immigrants who face limited protections and service access.

Key Takeaways

• West Virginia enforces strict anti-sanctuary laws via HB 2386 and cooperates fully with ICE since January 2025.
• The state joins federal 287(g) program allowing state officers to detain and transfer non-citizens for deportation.
• Undocumented immigrants face higher detection risk; no local protections and limited service access exist statewide.

West Virginia has taken a clear and firm stance on immigration enforcement, especially when it comes to the concept of sanctuary cities and the treatment of undocumented immigrants. As of July 8, 2025, the state has no sanctuary cities or jurisdictions. Instead, West Virginia has passed laws and issued executive orders that require local and state agencies to work closely with federal immigration authorities. These changes affect undocumented immigrants, local governments, law enforcement, hospitals, and anyone involved in providing services to non-citizens. Below, you’ll find a detailed update on what has changed, who is affected, what actions are required, and what these developments mean for pending and future immigration cases in West Virginia.

Summary of What Changed

Sanctuary City Status and Immigrant Protections in West Virginia 2025
Sanctuary City Status and Immigrant Protections in West Virginia 2025

West Virginia has strengthened its anti-sanctuary city policies through both legislative and executive actions. The most important law, HB 2386, requires local governments and agencies to enforce federal immigration laws and to report undocumented immigrants to U.S. Immigration and Customs Enforcement (ICE). The state has also taken steps to join the federal 287(g) program, which allows state correctional officers to help transfer certain non-citizens into federal custody for deportation. In early 2025, Governor Patrick Morrisey signed an executive order that directs all state agencies to cooperate fully with ICE and to support President Trump’s immigration policies.

Who Is Affected by These Changes

  • Undocumented Immigrants: Face increased risk of detection, detention, and deportation due to mandatory reporting and cooperation with ICE.
  • Local Governments and Law Enforcement: Must comply with state laws requiring them to enforce immigration laws and report undocumented immigrants.
  • Hospitals and Health Providers: May be required to report costs associated with treating undocumented immigrants, though the latest bill on this (HB 2457) is not currently moving forward.
  • Employers and Service Providers: Need to be aware of stricter enforcement and reporting requirements.
  • Families of Mixed Status: Households with both citizens and undocumented members may face increased scrutiny and fear of separation.

Effective Dates and Key Laws

  • HB 2386: Passed in 2023, this law remains in effect and is the foundation for West Virginia’s anti-sanctuary city stance.
  • Governor’s Executive Order: Signed in January 2025, this order is currently in force.
  • 287(g) Program Participation: West Virginia has signed a letter of intent and is moving forward with joining this federal program.
  • HB 2457: Introduced in February 2025, this bill would have required hospitals and counties to report costs related to undocumented immigrants, but it is currently marked as “Introduced – Dead,” meaning it is not active law.

Required Actions for Stakeholders

For Local Governments and Law Enforcement:
Mandatory Reporting: Must report undocumented immigrants to ICE when they become aware of their presence.
No Sanctuary Policies: Cannot adopt policies that would prevent cooperation with federal immigration authorities.
Compliance with HB 2386: Must enforce all federal immigration laws and avoid any actions that could be seen as “harboring” undocumented immigrants, which can result in fines.

For State Agencies:
Full Cooperation with ICE: Agencies are required to support ICE operations and President Trump’s immigration policies, as directed by the Governor’s executive order.
Participation in 287(g): Correctional officers will be trained and authorized to help transfer certain non-citizens into federal custody for deportation.

For Hospitals and Health Providers:
Potential Reporting Requirements: While HB 2457 is not currently law, hospitals should stay alert for future changes that may require them to track and report costs related to treating undocumented immigrants.

For Undocumented Immigrants and Their Families:
Increased Risk: Should be aware of the higher risk of detection and deportation in West Virginia.
Limited Access to Services: Non-citizens face a five-year wait for Medicaid and must show legal presence to get a driver’s license.
Legal Support: It is important to seek legal advice if facing any immigration issues or if contacted by law enforcement.

Implications for Pending and Future Immigration Applications

The strict enforcement environment in West Virginia can have several effects on those with pending or future immigration cases:

  • Heightened Scrutiny: Applications for benefits, licenses, or public services may be reviewed more closely to confirm legal status.
  • Risk of Detention: Undocumented immigrants who come into contact with law enforcement, even for minor issues, may be reported to ICE and face detention or deportation.
  • Family Separation: Mixed-status families may face the risk of separation if a member is detained or deported.
  • No Local Protections: Unlike in some other states, there are no local sanctuary policies to provide a buffer against federal enforcement.

Detailed Overview of HB 2386 and Its Impact

HB 2386 is the main law that shapes West Virginia’s approach to sanctuary cities and immigration enforcement. Here’s what it does:

  • Requires Local Entities to Enforce Immigration Laws: Cities, counties, and other local entities must help enforce federal immigration laws.
  • Mandatory ICE Notification: If a local official or agency becomes aware of an undocumented immigrant, they must notify ICE.
  • Fines for Harboring: Any entity found to be “harboring” undocumented immigrants can face fines.
  • No Sanctuary Policies Allowed: Local governments cannot pass any laws or policies that would prevent cooperation with ICE.

This law means that even if a city or county wanted to provide some protection to undocumented immigrants, they are not allowed to do so under state law. Local officials who fail to comply can face penalties.

Governor Patrick Morrisey’s Executive Order

In January 2025, Governor Patrick Morrisey signed an executive order that strengthens the state’s commitment to federal immigration enforcement. The order:

  • Directs All State Agencies to Cooperate with ICE: Every agency must help ICE when asked.
  • Supports President Trump’s Immigration Policies: The order specifically mentions support for the current federal administration’s approach.
  • Urges Local Law Enforcement to Help with Detention and Deportation: Police and sheriffs are encouraged to work with ICE to detain and deport undocumented immigrants.

West Virginia’s Participation in the 287(g) Program

The 287(g) program is a federal initiative that allows state and local law enforcement officers to help enforce immigration laws. By joining this program, West Virginia correctional officers will be able to:

  • Transport Criminal Aliens: Move non-citizens who have committed crimes into federal custody for deportation.
  • Act Without Direct ICE Supervision: Officers can act on their own, which speeds up the process.
  • Increase State Role in Federal Enforcement: This program gives the state more power to help with federal immigration enforcement.

Protections and Policies for Undocumented Immigrants in West Virginia

Unlike some states that have passed laws to protect undocumented immigrants, West Virginia’s policies are mostly restrictive:

  • No Sanctuary Cities: There are no local protections or safe zones for undocumented immigrants.
  • Five-Year Medicaid Wait: Non-citizens must wait five years before they can get Medicaid health benefits.
  • Legal Presence Required for Driver’s Licenses: Only people who can prove they are in the country legally can get a driver’s license.
  • Tracking of Costs: There have been efforts to require hospitals and counties to report the costs of treating undocumented immigrants, though the latest bill (HB 2457) is not currently law.

Practical Implications for Immigrants and Service Providers

The strict enforcement environment in West Virginia means that undocumented immigrants face many challenges:

  • Fear of Detention and Deportation: Even routine interactions with police or public agencies can lead to ICE notification.
  • Limited Access to Health Care and Services: The five-year Medicaid wait and driver’s license requirements make daily life harder for undocumented immigrants.
  • No Local Recourse: Unlike in some other states, there are no local governments or agencies that can offer protection or refuse to cooperate with ICE.
  • Possible Fines for Service Providers: Organizations or individuals who are found to be “harboring” undocumented immigrants can face fines.

What Should Immigrants and Advocates Do Now?

  • Stay Informed: Keep up to date with changes in state and federal immigration laws. The West Virginia Legislature website is a good source for the latest laws and bills.
  • Seek Legal Advice: If you or a family member is undocumented, talk to an immigration lawyer about your rights and options.
  • Be Cautious with Public Agencies: Understand that any interaction with law enforcement or public agencies could lead to ICE notification.
  • Prepare Documents: Make sure you have all necessary documents and know your legal status if you need to interact with state or local agencies.

Implications for Pending Applications

If you have a pending immigration application, such as for asylum, adjustment of status, or a work permit, the strict enforcement environment in West Virginia may affect your case:

  • Increased Risk of ICE Action: If your application is denied or delayed, you may be at higher risk of detention or deportation.
  • No Local Support: There are no sanctuary policies to provide extra protection while your case is pending.
  • Possible Delays: Increased scrutiny and cooperation with ICE may slow down some application processes.

Key Stakeholders and Their Roles

  • Governor Patrick Morrisey: Has made immigration enforcement a top priority and has taken steps to ensure full cooperation with federal authorities.
  • ICE and Federal Authorities: Play a central role in enforcing immigration laws in West Virginia, with strong support from state and local agencies.
  • Local Law Enforcement: Required to report undocumented immigrants and help with detention and deportation.
  • Hospitals and Service Providers: May face future reporting requirements and must be careful not to violate state laws.

Looking Ahead: The Future of Immigration Policy in West Virginia

Given the current political climate and the actions taken by Governor Morrisey, it is likely that West Virginia will continue to enforce strict immigration policies. The state’s participation in the 287(g) program and the ongoing support for President Trump’s immigration agenda suggest that there will be little change in the near future. Undocumented immigrants and their advocates should be prepared for continued enforcement and limited access to services.

Official Resources and Further Reading

For more information on West Virginia’s immigration laws and updates, you can visit the West Virginia Legislature’s official website. This site provides up-to-date information on bills, laws, and legislative actions that affect immigrants in the state.

Conclusion and Next Steps

West Virginia’s anti-sanctuary city laws, led by HB 2386 and supported by executive actions, create a strict environment for undocumented immigrants. There are no local protections, and all state and local agencies are required to cooperate with ICE. If you are an undocumented immigrant or work with this community in West Virginia, it is important to:

  • Understand the laws and your rights
  • Seek legal help if needed
  • Stay informed about new bills and executive orders
  • Be cautious in interactions with public agencies

As reported by VisaVerge.com, West Virginia’s approach stands out for its strong alignment with federal immigration enforcement, making it one of the least friendly states for undocumented immigrants in 2025. For those affected, staying informed and prepared is the best way to handle the challenges ahead.

Learn Today

Sanctuary Cities → Municipalities refusing to cooperate with federal immigration enforcement to protect undocumented immigrants.
HB 2386 → West Virginia law mandating local agencies to enforce federal immigration laws and report undocumented immigrants.
287(g) Program → Federal program training local officers to assist ICE in detaining and deporting non-citizens.
Executive Order → Official directive by Governor Morrisey requiring state agencies’ full cooperation with ICE enforcement policies.
Undocumented Immigrants → Individuals residing in the U.S. without legal authorization or proper immigration status.

This Article in a Nutshell

West Virginia strongly opposes sanctuary cities, requiring local agencies to report undocumented immigrants to ICE. Governor Morrisey’s 2025 executive order enforces full cooperation with federal immigration laws. The state, joining the 287(g) program, intensifies deportation efforts, leaving undocumented immigrants vulnerable and service access limited with strict enforcement policies.
— By VisaVerge.com

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