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Current as of January 01, 2024 | Updated by Findlaw Staff
A state entity, local entity, or law enforcement agency shall not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, which prohibits or materially restricts the state entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws, including, but not limited to, prohibiting or materially restricting the state entity, local entity, or law enforcement agency from prohibiting or otherwise materially restricting any state entity, local entity, or law enforcement agency from assisting in the enforcement of immigration law. This includes prohibitions or restrictions on:
(a) Inquiries into the immigration status of any person;
(b) Transmitting, requesting, or receiving information relating to immigration status, lawful or unlawful, of any person to or from any federal immigration enforcement agency;
(c) Maintaining, archiving, or otherwise storing for subsequent use information relating to an individual’s immigration status;
(d) Exchanging information relating to immigration status with another local entity, state entity, or a federal immigration agency;
(e) Complying with an immigration detainer, including, but not limited to, refusing to cooperate or comply with a lawfully issued detainer in the absence of a warrant or other order directing compliance with or enforcement of such a detainer;
(f) Complying with a request from a federal immigration agency to notify the agency before the release of an inmate;
(g) Providing a federal immigration agency with an inmate’s incarceration status or release date;
(h) Assisting or cooperating with a federal immigration agency, including by providing enforcement assistance;
(i) Participating in any program or agreement authorized under Section 287 of the federal Immigration and Nationality Act, 8 U.S.C. § 1357 et seq;
(j) Permitting a federal immigration officer to enter and conduct enforcement activities at a municipal jail, county jail, or Division of Corrections and Rehabilitation Facility involving or related to the enforcement of federal immigration laws;
Cite this article: FindLaw.com - West Virginia Code Chapter 15. Public Safety § 15-16-2. Prohibited policies regarding immigration enforcement - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-15-public-safety/wv-code-sect-15-16-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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