WEST virginia legislature

2018 regular session

Introduced

House Bill 4554

By Delegates Hollen, Phillips, Criss, Deem, Butler, Ward, Kelly, Sobonya, Fast, Overington and Cooper

[Introduced February 13, 2018; Referred
to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-17; and to amend said code by adding thereto a new section, designated §8-11-6, all relating to prohibiting counties, municipalities, and cities from passing any sanctuary ordinances, policies, and procedures.

Be it enacted by the Legislature of West Virginia:

CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-17. Adoption of sanctuary ordinance prohibited.

(a) No county may have in effect any policy, ordinance, or procedure that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

(b) No county may do any of the following related to information regarding the citizenship or immigration status, lawful or unlawful, of any individual:

(1) Prohibit law enforcement officials or agencies from gathering such information.

(2) Direct law enforcement officials or agencies not to gather such information.

(3) Prohibit the communication of such information to federal law-enforcement agencies. 

CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND ORDINANCE PROCEDURES.

§8-11-6. Adoption of sanctuary ordinances prohibited.

(a) No city or municipality may have in effect any policy, ordinance, or procedure that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

(b) No city or municipality may do any of the following related to information regarding the citizenship or immigration status, lawful or unlawful, of any individual:

(1) Prohibit law-enforcement officials or agencies from gathering such information.

(2) Direct law-enforcement officials or agencies not to gather such information.

(3) Prohibit the communication of such information to federal law-enforcement agencies.

NOTE: The purpose of this bill is to prohibit counties, municipalities, and cities from passing any sanctuary ordinances, policies, and procedures.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.