H. B. 3230

         (By Delegates J. Miller, Duke, Sobonya and Howell)

         [Introduced January 11

, 2012; referred to the

         Committee on the Judiciary then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §61A-1-1, §61A-1-2 and §61A-1-3, all relating to creating the “Immigration Law Enforcement Act;” requiring state and local law-enforcement agencies to assist in the enforcement of federal immigration laws; and setting forth legislative intent.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new chapter, designated §61A-1-1, §61A-1-2 and §61A-1-3, all to read as follows:

CHAPTER 61A. IMMIGRATION.

ARTICLE 1. IMMIGRATION LAW ENFORCEMENT ACT.

§61A-1-1. Short title.

    This article may be cited as the “Immigration Law Enforcement Act.”

§61A-1-2. Cooperation and assistance in enforcement of immigration           laws.

    (a) All officials, agencies and personnel of this state and counties, cities and towns of this state shall fully comply with and, to the full extent permitted by law, assist in the enforcement of federal immigration laws of the United States. For every arrest made by these officials, agencies and personnel, the citizenship of the person shall be determined. If the person who is arrested is an alien, the person's immigration status shall be verified with the federal government pursuant to 8 U.S.C. §1373(c). If the person is an alien who is unlawfully present in the United States and this state or a local governmental entity elects not to prosecute the person for a violation of state or local law, the person shall be transferred to the custody of the United States immigration and customs enforcement or United States customs and border protection. If an alien who is unlawfully present in the United States is acquitted of any violation of state or local law, is discharged from imprisonment or pays any fine imposed, the alien shall immediately be transferred to the custody of United States immigration and customs enforcement. If the unauthorized alien is convicted of a crime, the alien must complete the full sentence before being released to the custody of the United States immigration and customs enforcement or United States customs and border protection.

    (b) Except as provided in federal law, officials, agencies or personnel of this state and counties, cities and towns of this state may not be prohibited or in anyway restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:

     (1) Determination of eligibility for any federal, state or local public benefit, service or license that is restricted, in whole or in part, on the basis of immigration status;

     (2) Verification of any claim of legal domicile if legal domicile is required by law or contract; or

     (3) Confirmation of the identity of any person who is detained.

     (c) Any law-enforcement agency in this state that adopts or implements any policy preventing or limiting its officers from inquiring into the immigration status of any person or reporting to the federal government an alien who is unlawfully present in the United States shall be ineligible for any state funding. A law- enforcement agency is deemed to be in violation of this subsection if the Attorney General or a county prosecuting attorney determines that a violation has occurred.

§61A-1-3. Legislative intent.

    The requirements and obligations of this measure shall be implemented in a manner fully consistent with federal law regulating immigration and protecting the civil rights of citizens and aliens, including compliance with the federal cases of United States v. Dire, 332 U.S. 581 (1948), United States v. Janik, 723 F.2d 537 (7th Cir. 1983) and United States v. Salinas Calderon, 728 F.2d 1298 (10th Cir. 1984) and compliance with 8 U.S.C. §1644.

    NOTE: The purpose of this bill is to create the “Immigration Law Enforcement Act.” The bill requires state and local law- enforcement agencies to assist in the enforcement of federal immigration laws. The bill also sets forth legislative intent.

    This chapter is new; therefore, it has been completely underscored.