Know Your Rights if ICE Comes to West Virginia

This page is information, not legal advice. West Virginia has moved aggressively to partner with federal immigration enforcement. Governor Morrisey signed an executive order in January 2025 directing all state and local law enforcement to cooperate with ICE. By August 2025, the West Virginia State Police, the National Guard, and the Division of Corrections and Rehabilitation all had signed 287(g) agreements. Operation Country Roads (January 5-19, 2026) resulted in 650+ arrests across West Virginia in two weeks, with West Virginia agencies leading the nation in daily 287(g) arrests on at least four days. Senate Bill 615, requiring all law enforcement to notify and cooperate with ICE, passed the Senate 32-2 in February 2026 - verify its House and signing status. Verify current conditions with the ACLU of West Virginia or a licensed immigration attorney.

West Virginia has established one of the most fully cooperative state-level immigration enforcement infrastructures in the country. Governor Patrick Morrisey signed an executive order in January 2025 directing the state Department of Homeland Security, the Division of Corrections and Rehabilitation, the State Police, and county and city law enforcement to cooperate with ICE and other federal agencies. By August 2025, the West Virginia State Police, the West Virginia National Guard, and the Division of Corrections and Rehabilitation had all signed 287(g) Memorandums of Agreement with ICE.

Operation Country Roads, conducted January 5-19, 2026, resulted in 650 arrests across West Virginia in fifteen days, involving 14 partner agencies under the 287(g) program. West Virginia agencies accounted for more than 550 of the arrests and led the nation in daily 287(g) immigration arrests on at least four days of the operation. DHS highlighted the West Virginia operation as a model of state-federal enforcement cooperation. Operations were conducted in Martinsburg, Moorefield, Morgantown, Beckley, Huntington, and Charleston.

The West Virginia Senate passed Senate Bill 615 on February 9, 2026 by a 32-2 vote, mandating that all law enforcement agencies notify and cooperate with ICE to the full extent authorized by federal and state law whenever a person is determined to be in the country illegally. The bill would prohibit any agency from adopting any policy that limits this cooperation. Senators noted that sheriffs who interfere could face removal from office. Verify whether SB 615 passed the House and was signed into law.

Part 1: Your rights under federal law - everywhere, including West Virginia

These rights come from the U.S. Constitution. They apply in West Virginia regardless of immigration status, citizenship, or how you entered the country.

At your front door

The Fourth Amendment protects your home from government entry without your consent or a judicial warrant. A judicial warrant is signed by a federal judge, based on probable cause, and authorizes entry to a specific address. An administrative warrant - ICE Form I-200 or I-205 - is signed by an immigration officer, not a judge, and does not authorize entry to your home without your consent. Ask through the door which type of warrant is being presented. If it is administrative, you are not required to open the door.

During a traffic stop or street encounter

You have the right to remain silent. You do not have to answer questions about where you were born, your immigration history, or your status. You can say you are exercising your right to remain silent and want to speak to a lawyer. You can ask whether you are free to go. If the officer says yes, you may calmly leave.

The West Virginia State Police has a 287(g) Task Force agreement. This means that WVSP troopers have immigration enforcement authority during routine patrol activities. A traffic stop by a West Virginia State Police trooper is a potential immigration enforcement encounter throughout the state.

Do not lie and do not provide false documents. Silence is a legal right. False statements are a separate crime.

At your workplace

ICE may enter public areas of a workplace without a warrant. Private areas generally require a judicial warrant or employer consent. You have the right to remain silent in any workplace encounter. Operation Country Roads included enforcement in multiple West Virginia communities and involved workplace-area operations in coordination with 14 local and state partner agencies.

Do not sign anything without a lawyer

Documents presented during an ICE arrest may include voluntary departure agreements or stipulated removal orders that waive your right to a hearing before an immigration judge. Do not sign anything without speaking to an attorney first.

Part 2: The West Virginia enforcement network

West Virginia State Police - Task Force Model

The West Virginia State Police has a 287(g) Task Force Model agreement with ICE, giving trained troopers immigration enforcement authority during routine patrol activities statewide. Under the Task Force Model, WVSP troopers can stop, question, and detain individuals on immigration grounds during any lawful encounter. WVSP has statewide jurisdiction across West Virginia's highways and communities.

West Virginia National Guard

The West Virginia National Guard signed a 287(g) agreement with ICE by August 2025. Governor Morrisey announced at that time that the Guard was among the state agencies formalized in the ICE enforcement partnership. The Guard's specific immigration enforcement role under its agreement should be verified with current sources.

Division of Corrections and Rehabilitation

The West Virginia Division of Corrections and Rehabilitation signed a 287(g) agreement with ICE. This means that individuals serving sentences in West Virginia correctional facilities are subject to immigration processing, and ICE is notified when individuals with detainers are released. West Virginia also participates in the Warrant Service Officer Program, which authorizes state and local law enforcement to serve ICE administrative warrants.

Operation Country Roads - January 2026

Operation Country Roads ran from January 5 to January 19, 2026, and resulted in more than 650 arrests across West Virginia. The operation involved 14 partner agencies cooperating through 287(g) agreements. West Virginia agencies accounted for more than 550 of the total arrests, and West Virginia led the nation in daily 287(g) immigration arrests on at least four days during the operation. Operations were concentrated in Martinsburg, Moorefield, Morgantown, Beckley, Huntington, and Charleston - covering both the Eastern Panhandle and the western and central parts of the state. The operation was highlighted by DHS as a national model.

Senate Bill 615 - mandatory ICE cooperation

The West Virginia Senate passed Senate Bill 615 on February 9, 2026 by a 32-2 vote. The bill amends West Virginia law to mandate that all law enforcement agencies - state, county, and local - notify and cooperate with ICE to the full extent of federal and state law whenever a person is determined to be in the country illegally. The bill prohibits any agency from adopting any policy limiting this cooperation. Senators discussed the possibility that sheriffs who interfere with ICE operations could face removal from office. Verify whether this bill passed the House and was signed by the governor.

Part 3: The Eastern Panhandle - Martinsburg and Moorefield

The Eastern Panhandle - particularly Martinsburg (Berkeley County) and Moorefield (Hardy County) - has among the highest concentrations of immigrant workers in West Virginia. Martinsburg is a commuting distance from the Washington, D.C. metro area and has a significant Latino and immigrant workforce in construction, agriculture, and food processing. Moorefield is home to poultry processing operations that employ large immigrant workforces.

Both communities were specifically named as Operation Country Roads target areas. Berkeley County is where SB 615's primary sponsor, Sen. Tom Willis, represents. The Eastern Panhandle enforcement intensity reflects both the demographics of the area and the political alignment between state leadership and federal enforcement priorities.

Part 4: What to do right now, before anything happens

Know your A-number and make sure trusted family members have it written down. West Virginia detainees may be held locally, at the South Central Regional Jail or other West Virginia facilities, or transferred to ICE detention facilities in other states. The ICE field office with jurisdiction over West Virginia is the Baltimore field office.

Know that the West Virginia State Police has a statewide Task Force Model 287(g) agreement. Any routine traffic stop by a WVSP trooper is a potential immigration enforcement encounter statewide. This is the most significant daily enforcement risk for families traveling on West Virginia roads.

Know that Operation Country Roads established West Virginia as one of the most intensive enforcement jurisdictions in the country relative to its immigrant population. 650 arrests in 15 days across a state with a much smaller immigrant population than most states that size reflects an extraordinary enforcement density.

Know the Warrant Service Officer Program. West Virginia participates in this program, which allows state and local law enforcement to serve ICE administrative warrants. This means that even agencies without full 287(g) agreements may serve administrative immigration warrants.

Prepare guardianship documents for any children. Set up a financial power of attorney so a trusted person can manage accounts if you are detained.

Connect with Mountain State Justice or the ACLU of West Virginia before a crisis. West Virginia's immigrant legal services infrastructure is smaller than in larger states, and connecting before an emergency is especially important here.

Part 5: Legal help and resources in West Virginia

Mountain State Justice is West Virginia's primary civil legal aid organization and handles immigration-related civil matters. Their website is mountainstatejustice.org.

ACLU of West Virginia monitors enforcement developments and civil liberties issues in the state. Their website is acluwv.org.

The West Virginia Immigrant Coalition connects immigrant communities to resources and advocacy support across the state.

For immigration court case information, call the EOIR automated line at 1-800-898-7180. To locate someone in ICE custody, use the ICE Online Detainee Locator at locator.ice.gov. The ICE field office with jurisdiction over West Virginia is the Baltimore Field Office. West Virginia detainees may be held at state or local jail facilities before transfer to ICE detention. Call the ICE Detention Reporting and Information Line at 1-888-351-4024 if your person does not appear in the locator.

Immigration Advocates Network lists West Virginia legal providers at immigrationadvocates.org.

West Virginia moved from a standing start to one of the most intensive state immigration enforcement partnerships in the country in a matter of months. Governor Morrisey's January 2025 executive order, the West Virginia State Police, National Guard, and Division of Corrections 287(g) agreements signed by August 2025, and Operation Country Roads' 650 arrests in 15 days in January 2026 place West Virginia in the top tier of state-level enforcement nationally relative to its immigrant population. Senate Bill 615, which passed the Senate 32-2, would mandate all local law enforcement cooperate with ICE - verify its current status. Your federal constitutional rights apply in full: an administrative warrant does not authorize entry to your home, your right to remain silent applies during all law enforcement encounters including WVSP traffic stops, and you cannot be compelled to sign anything without a lawyer. Connecting with legal resources before a crisis and knowing the WVSP's statewide Task Force authority are the foundations for protecting your family in West Virginia.

This page reflects conditions as of mid-2026. Governor Morrisey's executive order was signed January 2025. WVSP, National Guard, and DOC 287(g) agreements were announced August 2025. Operation Country Roads ran January 5-19, 2026. Senate Bill 615 passed the WV Senate 32-2 on February 9, 2026 - verify House passage and governor's signature. Verify current enforcement conditions with the ACLU of West Virginia.