The House of Delegates overwhelmingly passed a measure Tuesday that would increase penalties for human trafficking and human smuggling in West Virginia.
The measure, House Bill 4433, 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.
“There’s no confusion about what the intent of this bill is,” said Del. J.B. Akers, R-Kanawha, a co-sponsor of the legislation. “This bill is meant to provide protection within our state for victims of human trafficking and smuggling. It’s meant to send a message that those crimes are not welcome here.”
West Virginia’s definition of human smuggling would be changed to include transporting, isolating and harboring an “illegal alien” to avoid law enforcement, according to the bill.
The measure passed 88-9 with all nine members of the House Democratic caucus voting against the measure.
Ahead of the vote, some House Democrats spoke out about the measure, fearing it would penalize church groups or nonprofit organizations helping immigrants without legal status, including giving them a ride to the grocery store.
House members on Friday voted down a proposed amendment by Del. Kayla Young, D-Kanawha, that would have changed the definition of human smuggling to include that it required an intent of financial or material benefit.
House Minority Leader Sean Hornbuckle, D-Cabell, said during the bill debate that there were some parts of the legislation that were good but said it “was flawed.”
It would create conflicting state- and federal-level laws, Hornbuckle said.
“It goes after West Virginians and not illegal aliens. It targets and captures the innocent, not just those with ill intent,” he said. “It’s going to infringe upon people practicing religious freedoms, people invoking a person from human rights. The smuggling portion is far too vague and overly broad.”
Hornbuckle continued, “At this current juncture, it’s all about (Immigration and Customs Enforcement). It’s about the interactions that can potentially happen with West Virginians. That is the reality of a piece of legislation.”
Akers emphasized that the bill would not criminalize people who aid undocumented immigrants if their intention is only to provide help.
“The only way you will ever have any criminal culpability under this bill for human smuggling is if you know that the person has illegal status in this country, and if the entire purpose of your assistance to that person is to help them evade law enforcement,” Akers said. “That’s the same as federal law, except this bill is actually more lenient than federal law.”
Hornbuckle also criticized the measure for doing nothing to help West Virginians with jobs, child care, utilities and more.
“The bill is irrelevant to the everyday life of West Virginians,” he said.
Akers noted that there are approximately 400,000 American citizens who are trafficked annually in the United States, many of whom are women and children.
“The less we have to fight smuggling and human trafficking, the more money we have to help our state, and that creates jobs, more importantly, protects lives,” Akers said.
The measure exempts individuals providing medical or mental health services to undocumented individuals. It also exempts licensed attorneys who have an active attorney-client relationship with an undocumented person for an immigration case or related to a criminal matter against the undocumented person.
The measure now goes to the Senate for consideration.
The House has passed similar versions of the human trafficking and smuggling bill in the last two years, but the Senate has declined to take those measures up for consideration.
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.
