West Virginia House of Delegates members are expected to vote on a bill involving undocumented immigrants this week as national attention turns on the issue after federal immigration officers shot and killed a second U.S. citizen over the weekend.
The House and Senate quickly gaveled in and out Monday due to the ongoing winter storm, and most members were absent as West Virginia is under a state of emergency.
In the GOP-controlled House, members had been expected to vote this week — as early as Tuesday — on a bill that would expand the state’s definitions of human trafficking, smuggling crimes, forced labor and more. The measure establishes specific felony penalties for the illegal transport of adults and minors.
House Bill 4433 defines human smuggling as transporting, isolating and harboring an illegal alien to avoid law enforcement.
“I believe that the federal government is attempting to enforce laws, but that doesn’t mean that the state cannot engage in activities to either facilitate what the federal government is doing or to ensure the protection of our citizens as well,” said bill sponsor Del. Bill Ridenour, R-Jefferson.
Democratic House members are concerned that the bill could penalize church groups or nonprofit organizations helping undocumented immigrants, including giving them a ride to the grocery store.
“My concern is that these types of actions will subject people of faith to criminal penalties and time in jail,” said Del. Evan Hansen, D-Monongalia.
As the House Judiciary Committee vetted the measure, Hansen asked, “Would they be involved in human smuggling based on this bill?”
Ridenour replied, “If they’re engaged in smuggling individuals into the state, then yes, they would be.”
On the House floor Friday, Del. Kayla Young, D-Kanawha, attempted to amend the bill by editing the definition of human smuggling to include that it required an intent of financial or material benefit. Her amendment was in an effort to carve out protections for churches and individuals helping undocumented immigrants.
“I think we all want to go after people that are breaking the law,” Young said. “I want to make sure we’re targeting people that are profiting off of exploiting other people. This amendment clarifies that there would be a financial motive for people who are doing this for a capital gain.”
House Judiciary Chairman J.B. Akers, R-Kanawha, said the amendment wasn’t necessary because the bill already provided a safeguard for people working with immigrants without criminal intent.
“If you are someone who receives grant services — a church for example, who is transporting immigrants who may have illegal status — you could then be criminally liable and culpable if we adopt this amendment,” Akers said. “You do not have criminal liability under this bill if your purpose is simply to provide transportation services to someone [or] do a favor for somebody.”
Akers added that the bill is in line with federal law on human smuggling. He urged rejection of Young’s amendment, and it was voted down.
The bill also requires that perpetrators pay restitution to adult and child victims of human trafficking regardless of their immigration status after Akers amended it on the House floor last week. A judge would decide what the restitution would be.
The House passed similar measures in 2024 and last year, citing the border crisis. The bills stayed parked in the Senate.
Lawmakers are scheduled to return to committee meetings and floor sessions on Tuesday.
Gov. Patrick Morrisey said West Virginia is dealing with a “a very dangerous cocktail” of ice, snow, sleet and cold temperatures. He has declared a State of Emergency for all 55 counties due to the winter storm that started over the weekend.
“My message to folks becomes very clear: please stay home. Please stay off the roads. Only go out if you have to,” the governor said Monday during a news conference.
This article originally appeared on West Virginia Watch.
West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.
