West Virginia Immigration: State Rules vs. Federal Law - and What to Do Here

This article reflects West Virginia law and enforcement conditions as of June 2026. West Virginia has become one of the most actively enforcement-aligned states in this series. Key facts: Gov. 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 federal immigration enforcement. On August 13, 2025, Gov. Morrisey announced that the West Virginia National Guard, West Virginia State Police, and West Virginia Division of Corrections and Rehabilitation had received signed 287(g) Memorandums of Agreement from ICE. The State Police operate under the Task Force Model. The Division of Corrections operates under the Jail Enforcement Model and Warrant Service Officer program. 'Operation County Roads' (January 5-19, 2026): A two-week operation coordinating state and local law enforcement with ICE resulted in the arrest of over 650 people. State and local law enforcement accounted for more than 550 of those arrests. Operations occurred in Martinsburg, Moorefield, Morgantown, Beckley, Huntington, and Charleston, including stops at a commercial truck inspection station and near toll booths on Interstate 77. The operation was described by DHS as a model of federal-state cooperation. Federal court response: U.S. District Judge Joseph R. Goodwin (S.D.W.Va.) issued multiple rulings finding that immigrants arrested during the January operation were held without due process in violation of the Fifth Amendment, ordering their release. Goodwin wrote that 'masked gangs of armed federal officers are arresting people without warrants and imprisoning them without due process, which represents an assault on the constitutional order.' After repeated rulings, in March 2026 the West Virginia regional jail system temporarily paused accepting new ICE detainees. SB 615 passed the West Virginia Senate 32-2 on February 9, 2026, and was sent to the House of Delegates; verify its enacted status at legislature.wv.gov. The bill would require all law enforcement agencies to notify and cooperate with ICE when someone in custody is determined to be in the United States illegally, and would prohibit localities from adopting policies limiting that cooperation. West Virginia has no long-term purpose-built ICE detention facility; during the January operation, detainees were held in West Virginia regional jails, a facility in Poca, and transferred elsewhere. Verify current enforcement conditions and SB 615 status at West Virginia Watch (westvirginiawatch.com) or Mountain State Spotlight (mountainstatespotlight.org).

Where West Virginia Stands

West Virginia is one of the most comprehensively enforcement-aligned states in this series, distinguished by the scale and speed of its 287(g) participation, the January 2026 operation that resulted in more than 650 arrests in two weeks, and the federal court response that followed. The state was cited by the Department of Homeland Security as a national model of state-federal enforcement cooperation. At the same time, U.S. District Judge Joseph Goodwin's rulings during and after the January operation are among the most direct judicial statements on constitutional limits of immigration enforcement of any in this series, describing the detentions as an 'assault on the constitutional order' and repeatedly ordering individuals released for lack of due process.

West Virginia is a small state with a small immigrant population, but its political alignment, gubernatorial direction, and existing correctional infrastructure made it an early and active participant in the second Trump administration's enforcement expansion. The January 2026 operation demonstrated both the capacity that state-federal cooperation can generate - over 550 of 650 arrests involving state and local officers - and the constitutional constraints that apply even in cooperative jurisdictions.

West Virginia's immigrant population is concentrated in the Eastern Panhandle (a fast-growing Washington D.C. exurb including Jefferson County, home to Charles Town, Harpers Ferry, and Martinsburg), in Morgantown (a university town), and in scattered agricultural and poultry-processing communities across the state. The Eastern Panhandle's proximity to D.C. has attracted significant immigrant workforce participation in construction and service industries.

Part 1: What Federal Immigration Law Actually Says

Immigration enforcement is exclusively a federal function under the Immigration and Nationality Act (INA). The federal government controls who may enter, remain in, and be removed from the United States. State and local governments cannot create their own immigration enforcement systems that conflict with the INA.

The Tenth Amendment anti-commandeering doctrine, established in Printz v. United States (1997), means the federal government cannot compel state and local agencies to enforce federal immigration law. West Virginia's participation is voluntary at the executive direction level - Gov. Morrisey directed state agencies to cooperate, and local agencies chose to participate. SB 615, if enacted, would use state law to mandate that cooperation - the state directing its own subdivisions, which is within state authority.

Section 287(g) of the INA creates the voluntary delegation mechanism through which local agencies take on immigration enforcement functions. West Virginia State Police operate under the Task Force Model - the most expansive - which authorizes trained officers to conduct immigration enforcement during routine patrol activity including traffic stops. The Division of Corrections operates under the Jail Enforcement Model and the Warrant Service Officer program. The National Guard's role was administrative processing and support, not arrest authority.

Fifth Amendment due process is the critical legal constraint that the January 2026 operation ran directly into. U.S. District Judge Goodwin's rulings established, in the context of West Virginia, that individuals detained in the immigration context have Fifth Amendment due process rights - they cannot be held indefinitely without individualized custody determinations, without hearings, and without the government providing legal justification for their detention. These rulings apply in the Southern District of West Virginia and represent a significant constitutional check on how federal and state enforcement operates in the state.

Arizona v. United States (2012) is the controlling preemption precedent. West Virginia's 287(g) framework - delegating federal authority under a federally authorized program - operates within the constitutional space that case defined.

Part 2: West Virginia State Law and Enforcement

Governor Morrisey's Executive Order (January 2025)

Gov. 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 agencies to cooperate with ICE and federal immigration enforcement officials. This executive direction set the state's enforcement posture from the first days of Morrisey's administration and preceded the formal 287(g) agreements by several months.

287(g) Agreements - August 2025

On August 13, 2025, Gov. Morrisey announced that the West Virginia National Guard, West Virginia State Police, and West Virginia Division of Corrections and Rehabilitation had received signed 287(g) Memorandums of Agreement from ICE. The State Police operate under the Task Force Model, the most expansive 287(g) authority, which authorizes trained officers to conduct immigration enforcement during routine patrol activity including traffic stops on state roads. The Division of Corrections operates under the Jail Enforcement Model and the Warrant Service Officer program - allowing corrections officers to identify and process immigration violators in state custody and to execute ICE administrative warrants on people in state correctional facilities. The National Guard played an administrative processing and support role during enforcement operations, not an arrest role.

At the time of the August 2025 announcement, Gov. Morrisey stated that West Virginia had 88 people in state custody on immigration-related matters: 13 in state prisons serving state sentences with ICE detainers, 25 arrested on federal or local charges with active ICE detainers, 4 on U.S. Marshals holds, and 46 being detained specifically on immigration charges.

Operation County Roads - January 5-19, 2026

From January 5 through January 19, 2026, ICE deployed surge teams from its Philadelphia Field Office to West Virginia, coordinating with West Virginia State Police, the Division of Corrections, and more than a dozen local law enforcement agencies. Operations took place in Martinsburg, Moorefield, Morgantown, Beckley, Huntington, and Charleston. State and federal officials reported that state and local law enforcement accounted for more than 550 of the more than 650 arrests made during the two-week operation.

Operations occurred at a commercial truck inspection station, near toll booths on Interstate 77, and in communities across the state. Gov. Morrisey, in a statement in ICE's press release announcing the operation, stated: 'I want to thank the men and women of ICE for their outstanding partnership with various state entities, including the State Police, and their tireless work here in West Virginia.' U.S. Attorney Moore Capito called the operation 'a clear demonstration of the strength, discipline, and resolve of our state and local law enforcement partners.'

DHS held up the West Virginia operation as a national model of cooperative enforcement, contrasting it with operations in Minnesota, where enforcement had generated significant public conflict and protest. Jefferson County Sheriff Tom Hansen, whose jurisdiction includes the Eastern Panhandle, cited the 'professionalism and work ethic' of the ICE officers and their cooperation with local law enforcement and the public.

Federal Court Response - Judge Goodwin's Due Process Rulings

As arrests from Operation County Roads began reaching federal courts, U.S. District Judge Joseph R. Goodwin of the Southern District of West Virginia issued a series of rulings finding that individuals detained during the operation had been held in violation of the Fifth Amendment's due process guarantee. In the first ruling, Goodwin ordered the release of Antony Segundo Larrazabal-Gonzalez, a Venezuelan citizen arrested in a highway traffic stop on January 13, 2026. The government presented no evidence to justify his weeks of detention. Goodwin wrote: 'Despite what some may have been led to believe, immigrants illegally in this country enjoy protections guaranteed by the Fifth Amendment. This detention-first and hearing-sometime-later practice finds no support in the Constitution.'

In a February 2026 ruling, Goodwin described masked armed federal officers arresting people without warrants and imprisoning them without due process as 'an assault on the constitutional order.' He issued a 'final notice' to the federal government in March 2026, warning that continued detention without individualized custody determinations, after repeated judicial rulings finding such detentions unconstitutional, would result in legal consequences for officials involved. Goodwin stated: 'The government is wrong. Judges in this district have said that over and over and over.'

Following the cascade of judicial orders to release detainees, the West Virginia regional jail system temporarily suspended accepting new ICE detainees in March 2026. West Virginia AG JB McCuskey's office reportedly distanced the state from the detentions in court filings, arguing that the state's role was 'nominal.' State Police spokesperson did not respond to questions about whether the agency had been given updated instructions based on the court rulings.

SB 615 - Mandatory ICE Cooperation Bill (Verify Enacted Status)

West Virginia Senate Bill 615, sponsored by 16 senators, passed the state Senate on February 9, 2026, by a vote of 32 to 2. The bill requires all law enforcement agencies in West Virginia to notify and cooperate with ICE when someone in their custody is determined to be in the United States illegally. It also prohibits local entities from adopting any law, ordinance, resolution, policy, or practice that would limit or impede that cooperation. The bill was sent to the West Virginia House of Delegates for consideration after the Senate vote. The West Virginia Legislature's 60-day session closed at midnight on March 14, 2026; Gov. Morrisey had 15 days (not counting Sundays) after that to act on passed bills. Verify the enacted status of SB 615 at legislature.wv.gov. At the time the bill was advancing, one opposing senator noted that agencies in the state were already cooperating with ICE, and raised concerns about arrests of people who may have been legally present. Sen. Patricia Rucker, a legal immigrant herself, spoke in favor of the bill.

Part 3: How State and Federal Law Interact in West Virginia

West Virginia's enforcement framework illustrates both the capacity and the constitutional limits of state-federal enforcement cooperation. The January 2026 operation demonstrated that a deeply cooperative state can produce large numbers of enforcement actions in a short period - 650+ arrests in two weeks, with state and local officers accounting for the large majority. Gov. Morrisey and the Trump administration cited it as proof of the model's effectiveness.

At the same time, Judge Goodwin's rulings demonstrate that Fifth Amendment due process requirements apply regardless of state cooperation levels. The government's inability to defend individual arrests and detentions in court - in case after case, presenting no factual evidence to justify continued detention - led to a cascade of release orders. This pattern illustrates that the volume of enforcement does not determine its constitutionality, and that courts retain the authority to require individualized due process even in the context of large enforcement operations.

The state jail system's temporary pause in accepting ICE detainees - coming directly after repeated federal court orders finding constitutional violations - reflects the institutional consequence of enforcement practices that courts find unlawful. State correctional officials face potential personal legal consequences if they hold people in defiance of valid court orders, which Goodwin explicitly warned about in his March 2026 ruling.

Federal enforcement in West Virginia operates through the ICE Philadelphia Field Office. West Virginia State Police Task Force authority means state troopers can conduct immigration enforcement on all state roads. The Division of Corrections has jail-level enforcement authority.

Part 4: What This Means for Families on the Ground

For immigrant families in West Virginia, the enforcement risk is among the highest in this series relative to the state's immigrant population size. West Virginia State Police hold Task Force 287(g) authority, meaning any state police traffic stop can become an immigration enforcement encounter. Local law enforcement across the state cooperated in the January 2026 operation. Interstate 77 and commercial truck inspection stations have been documented enforcement points.

The Eastern Panhandle - Jefferson County and surrounding communities - has been a particular focus of enforcement, including the Operation County Roads surge. This fast-growing area near Washington D.C. has significant immigrant workforce participation and was described as fully cooperative with federal enforcement operations.

The federal court rulings are directly relevant to anyone detained in West Virginia. Judge Goodwin's orders establish that you have Fifth Amendment due process rights - you cannot be held indefinitely without a hearing, and the government must present individualized justification for your detention. If you or a family member is detained in West Virginia, contact legal counsel immediately and raise these due process rights. Mountain State Justice, which represented some of the individuals ordered released, is a key legal resource.

West Virginia does not have a purpose-built long-term ICE detention facility. During the January 2026 operation, detainees were held in West Virginia regional jails, a facility in Poca, and were transferred elsewhere. The regional jail system's temporary pause on accepting new ICE detainees in March 2026 does not mean there is no detention in the state - it reflects a temporary institutional response to court orders. Verify current detention conditions at Mountain State Spotlight.

Part 5: What You Can Actually Do

If Stopped by West Virginia State Police

West Virginia State Police hold a Task Force 287(g) agreement and can make immigration enforcement inquiries and arrests during routine patrol. If stopped on a state road by a trooper: provide your driver's license, registration, and proof of insurance. You have the right to remain silent on immigration matters. Say: 'I am exercising my right to remain silent on immigration matters.' Do not answer questions about your birthplace, citizenship, or how you entered the country.

Do not physically resist. If detained, ask: 'Am I being detained or am I free to go?' If detained, request a lawyer immediately. Do not answer questions without a lawyer present.

If ICE Comes to Your Home

Do not open the door. ICE cannot legally enter a home without a judicial warrant signed by a judge. An administrative warrant, Form I-200 or I-205, is signed by an immigration officer, not a judge, and does not authorize home entry. Ask through the closed door: 'Is this warrant signed by a judge?' If not, say clearly that you do not consent to entry.

You have the right to remain silent. Say: 'I am exercising my right to remain silent. I want to speak with a lawyer.' Do not sign anything without speaking with an attorney. Judge Goodwin's rulings document that in West Virginia enforcement operations, people have been arrested without the government being able to produce evidence justifying the arrest. Document everything you can about any enforcement encounter.

If a Family Member Is Detained

Contact a lawyer immediately. Due to Judge Goodwin's rulings, individuals held in West Virginia without individualized due process hearings may be entitled to release. Mountain State Justice - the organization that represented some of the people ordered released - is the key legal resource. Contact Mountain State Justice at mountainstatejustice.org or call 304-343-4481.

Use the ICE Online Detainee Locator at locator.ice.gov immediately. People detained in West Virginia may be held in regional jails, the facility in Poca, or transferred to ICE detention centers in neighboring states.

Call the ICE Detention Reporting and Information Line: 1-888-351-4024.

Call the EOIR Immigration Court Information Line: 1-800-898-7180.

Contact the ACLU of West Virginia: acluwv.org.

Contact West Virginia Watch: westvirginiawatch.com. West Virginia Watch has provided the most comprehensive investigative reporting on the January 2026 operation and the federal court response.

Contact Mountain State Spotlight: mountainstatespotlight.org. Mountain State Spotlight's investigative reporting documented the constitutional violations and court orders in detail.

Know the Risk Points in West Virginia

West Virginia State Police hold Task Force 287(g) authority. State trooper encounters on any state road can become immigration enforcement encounters.

Multiple local law enforcement agencies participated in the January 2026 operation. Law enforcement cooperation is statewide and active.

Interstate 77 toll booths and commercial truck inspection stations have been documented enforcement points. Truck drivers and others traveling through West Virginia on I-77 should be aware.

Federal courts have found Fifth Amendment due process violations in West Virginia enforcement operations. If detained, contact a lawyer immediately and raise your due process rights. You are entitled to individualized custody determinations and hearings.

The regional jail system temporarily paused accepting ICE detainees in March 2026 following court orders. Monitor current status at Mountain State Spotlight or West Virginia Watch.

Part 6: Legal Resources in West Virginia

Mountain State Justice: mountainstatespotlight.org - this is the legal organization that represented detained individuals ordered released by Judge Goodwin. Contact 304-343-4481.

ACLU of West Virginia: acluwv.org. Civil rights and immigration rights advocacy.

West Virginia Watch: westvirginiawatch.com. Comprehensive investigative reporting on the January 2026 operation and ongoing enforcement.

Mountain State Spotlight: mountainstatespotlight.org. Investigative reporting on Operation County Roads and federal court rulings.

Legal Aid of West Virginia: lawv.net. Free civil legal aid for qualifying low-income West Virginians.

Immigration Advocates Network: immigrationadvocates.org.

EOIR Immigration Court Information Line: 1-800-898-7180.

ICE Detainee Locator: locator.ice.gov.

ICE Detention Reporting and Information Line: 1-888-351-4024.

Summary

West Virginia became one of the most actively enforcement-aligned states in the country in 2025-2026 under Gov. Morrisey. A January 2025 executive order directed all state and local agencies to cooperate with ICE. August 2025 brought formal 287(g) agreements covering West Virginia State Police (Task Force Model), Division of Corrections (Jail Enforcement and Warrant Service Officer), and National Guard (administrative support). 'Operation County Roads' (January 5-19, 2026) resulted in more than 650 arrests in two weeks, with state and local officers accounting for more than 550 of those arrests. The Trump administration and Gov. Morrisey cited the operation as a national model of state-federal enforcement cooperation.

Federal courts did not share that assessment in full. U.S. District Judge Joseph R. Goodwin issued multiple rulings finding that individuals detained during the operation were held in violation of the Fifth Amendment - without warrants, without due process hearings, and without the government presenting evidence justifying detention. Goodwin described the practice as 'an assault on the constitutional order' and issued a final notice warning of legal consequences for further violations. In March 2026, the West Virginia regional jail system temporarily paused accepting new ICE detainees. SB 615, which would codify mandatory ICE cooperation into state law, passed the Senate 32-2 and was sent to the House - verify its enacted status at legislature.wv.gov. For families in West Virginia, enforcement risk is high and statewide, but federal court rulings establish that due process rights apply even here. Contact Mountain State Justice immediately if a family member is detained.

Sources and verification: Governor Morrisey press release, 'Governor Patrick Morrisey Announces Signed Agreements Between ICE and West Virginia Law Enforcement,' August 13, 2025 (governor.wv.gov; National Guard, State Police, DOC MOUs; 88 persons in custody as of 9 AM August 13, 2025; 13 state prisoners, 25 with detainers, 4 U.S. Marshal holds, 46 immigration detention); West Virginia Watch, 'Morrisey Signs Letter of Intent for State Participation in 287(g) Program,' February 7, 2025 (February 2025 letter of intent; transport authority for corrections); ICE press release, 'ICE Arrests 650 Illegal Aliens in West Virginia,' January 30, 2026 (Operation County Roads January 5-19, 2026; Martinsburg, Moorefield, Morgantown, Beckley, Huntington, Charleston; Philadelphia Field Office surge teams; Morrisey quote); DHS press release, 'Partnership with West Virginia Leads to 650 Illegal Aliens Arrested in 2 Weeks,' February 9, 2026 (650+ arrests; state and local account for 550+; DHS as model of cooperation; Assistant Secretary McLaughlin quotes); Mountain State Spotlight, 'How ICE Arrests of Immigrants in West Virginia Are Overstepping Constitutional Limits,' January 31, 2026 (I-77 toll booths; truck inspection station; Larrazabal-Gonzalez case; Rodriguez Flores case; Goodwin first ruling; government unable to defend stops; AG McCuskey office 'nominal' role; State Police spokesperson didn't answer); Mountain State Spotlight, 'State Officials Won't Answer Questions About ICE Partnership After Judges Rule Arrests Violated the Constitution,' March 5, 2026 (Goodwin February order; 'masked gangs' 'assault on constitutional order' quote; McCuskey 'nominal' court filings; State Police non-response); West Virginia Watch, 'WV Pauses Putting Immigrant Detainees in Jails After Federal Judges Find Constitutional Violations,' March 26, 2026 (Operation County Roads name; regional jail system temporarily suspended accepting detainees; Goodwin 'final notice' March 2026; 'continued detention without individualized custody determinations' Fifth Amendment violations; 'consequences could affect state jail officials'; 'The government is wrong. Judges in this district have said that over and over and over'); WVVA, 'West Virginia Advances Immigration Enforcement Legislation Requiring ICE Notification,' February 10, 2026 (SB 615; 16 sponsors; passed Senate 32-2 February 9, 2026; sent to House; prohibits local opt-out policies); West Virginia Public Broadcasting, 'ICE Cooperation Mandatory Under New Senate Bill,' February 9, 2026 (SB 615; Sen. Woelfel opposition; Sen. Rucker support; concern about legal immigrants detained; question about probable cause at hearings; legislature closed midnight March 14, 2026; Governor had 15 days not counting Sundays to act); Washington Times, 'ICE Arrests 650 in West Virginia in January,' February 2, 2026 (Jefferson County Sheriff Hansen quote; Eastern Panhandle cooperation); Fox News, 'West Virginia Worked with ICE - 650 Arrests Later,' February 8, 2026 (Rep. Pushkin quote opposing; Hansen quote; AG McCuskey contrast with Minnesota; DHS 'model' framing); Arizona v. United States, 567 U.S. 387 (2012); Printz v. United States, 521 U.S. 898 (1997). Volatile items requiring verification: SB 615 enacted status (passed Senate 32-2; went to House; legislature adjourned March 14, 2026; verify at legislature.wv.gov); current regional jail ICE detainee intake status (temporarily paused March 2026; verify current status); any new local 287(g) agreements beyond state agencies listed; any further Goodwin court orders or appeals. Last verified: June 2026.