West Virginia law
Immigration Laws in West Virginia.
Immigration law is primarily federal, but West Virginia has taken a strong enforcement posture with state-level legislation. The state has an anti-sanctuary law (W. Va. Code § 15-16) that prohibits any state or local entity from adopting policies that restrict cooperation with federal immigration enforcement. West Virginia requires proof of legal status for driver's licenses and does not offer in-state tuition to undocumented residents.
Last verified: 2026-02-25
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State law
Key West Virginia Statutes
State and local entities are prohibited from adopting laws, policies, or practices that restrict cooperation with or assistance in the enforcement of federal immigration laws. Law enforcement must comply with immigration detainers.
Law enforcement agencies that take custody of a person subject to an immigration detainer must notify the court, record the detainer in the case file, and comply with detainer requests to the extent required by law.
Effective January 1, 2025, all West Virginia employers with 15 or more employees must enroll in E-Verify and verify the employment eligibility of new hires. Repeated violations can result in permanent suspension of business licenses.
Applicants must show proof of U.S. citizenship or lawful immigration status to obtain a West Virginia driver's license or state ID. Undocumented individuals are not eligible. Asylum seekers with valid work permits are eligible.
State law
Official Sources
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This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.
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