HB 5477
Relating to federal immigration enforcement.
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill mandates that West Virginia’s state-supported law enforcement agencies and detention facilities actively participate in the federal government’s 287(g) program for immigration enforcement. It requires facilities with a certain operational capacity to utilize the ‘Jail Enforcement Model,’ and allows for the ‘Warrant Service Officer Model’ only with federal approval. The bill also establishes reporting requirements, potential funding withholdings for noncompliance, and provides immunity for personnel acting in good faith.
Key provisions
- Requires state-supported law enforcement agencies to apply for and maintain a 287(g) memorandum of agreement (MOA) with ICE.
- Mandates that detention facilities with 300 or more beds utilize the ‘Jail Enforcement Model’ for 287(g) cooperation.
- Allows detention facilities to use the ‘Warrant Service Officer Model’ only upon written denial from ICE.
- Establishes minimum operational standards for detention facilities participating in 287(g) programs.
- Requires reporting and audits of compliance with the bill’s provisions.
- Authorizes the Attorney General to enforce the bill and seek funding withholdings for noncompliance.
- Provides immunity for agencies and personnel acting in good faith.
- Permits rulemaking to implement the bill’s provisions.
Who is affected
- State-supported law enforcement agencies (State Police, county sheriffs, municipal police departments, regional jail authorities)
- Detention facilities (jails, correctional facilities)
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