Relating to federal law enforcement in specific locations

HB 5361 Text

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Introduced Version

House Bill 5361 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 5361
By Delegate Young
[Introduced February 09, 2026; referred to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §15-16-2a, relating to
restricting certain immigration enforcement actions in specific locations;
and to provide for the powers and duties of certain officers and entities.
Be it enacted by the Legislature of West Virginia:

ARTICLE 16. Federal Immigration Enforcement.

§15-16-2a. Regarding certain immigration enforcement actions in specific locations.

(a) As used in this act:
(1) "Educational institution" means any school, or physical facility in which a "local educational agency" is located, as that term is defined in §18-1-1;
(2) "Enforcement action" means any of the following actions taken by a law enforcement officer for the purpose of immigration enforcement or to obtain information in regard to an individual's immigration or citizenship status:
(A) Arresting or detaining an individual.
(B) Conducting search or surveillance.
(3) "Place of worship" means a church, synagogue, mosque, or other institution of worship, including, but not limited to, a building rented for a religious service.
(4) "Sensitive location" means all of the following:
(A) An educational institution;
(B) A place of worship;
(C) A hospital;
(D) A courthouse; or
(E) The site of an organization that is assisting children, pregnant women, victims of crime or abuse, or an individual with significant mental or physical disabilities.
(b) (1) Notwithstanding any other provision of this article to the contrary, and except as otherwise provided in this subsection,
a law enforcement officer may not conduct an immigration enforcement action in a sensitive location
.
(2) A law enforcement officer may conduct an immigration enforcement action in a sensitive location if a court order directs the law enforcement officer conducting the immigration enforcement action to enter the sensitive location.
(3) A law enforcement officer may conduct an immigration enforcement action in a sensitive location if the immigration enforcement action is necessary to address a threat that poses imminent danger to public safety.

NOTE: The purpose of this bill is to restrict certain immigration enforcement actions in specific locations.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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