West Virginia Sanctuary Policy Status

Unlike several neighboring states, West Virginia has not enacted a comprehensive statute prohibiting localities from adopting sanctuary policies that limit cooperation with federal immigration authorities. Bills including HB 4456 have been introduced in the West Virginia Legislature to require local cooperation with U.S. Immigration and Customs Enforcement, but as of this writing none have been codified in W. Va. Code. In practice, most West Virginia counties and municipalities cooperate with federal detainers, and the issue is primarily addressed through agency policy and federal-local agreements rather than a binding state preemption statute.

Because there is no enacted state preemption statute, there are no statutory penalties imposed on West Virginia localities for adopting sanctuary policies.