Gov. Patrick Morrisey has signed a Republican-backed bill that increases penalties for human trafficking and human smuggling in West Virginia.
The measures — House Bill 4433 — expands on 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. It goes into effect this summer.
“It is a real problem, and it’s a problem for the immediate victims, but it’s also something that contributes to the drug trade,” said House Judiciary Chairman J.B. Akers, R-Kanawha.
The measure is sponsored by Del. Bill Ridenour, R-Jefferson.
Federal law prohibits individuals from smuggling or harboring unauthorized individuals who come into and remain in the United States.
The legislation passed by state lawmakers changes West Virginia’s definition of human smuggling to penalize transporting, isolating and harboring an “illegal alien” to avoid law enforcement.
It exempts individuals providing medical or mental health services to undocumented individuals. There’s also an exemption for licensed attorneys who have an active attorney-client relationship with an undocumented person for an immigration case.
Democratic members of the Senate and House of Delegates voted against the measure when it made its way through the Legislature, citing concerns that it could punish churches or nonprofits driving immigrants to the grocery store or doctor’s appointments during President Donald Trump’s immigration crackdown.
In Minnesota, clergy, schools, mothers and others have been helping immigrants while Immigration and Customs Enforcement agents are carrying out its largest immigration enforcement operation in the country.
Sen. Ryan Weld, R-Brooke, amended the legislation before it passed the Senate to clarify that individuals had to be “willfully” helping an undocumented immigrant avoid law enforcement. Weld, an attorney, felt it addressed the issue of potential criminal penalties for churches and others by showing there had to be clear intent in helping undocumented immigrants evade law enforcement.
Akers said there should have never been “any real concern that someone who’s providing true volunteer services would ever get in trouble.”
“You’re literally allowed to help anyone in any way that you want, with food or transportation, medical care, legal services,” he said. “The only way you would ever face any jeopardy is … if you’re helping the person avoid law enforcement. If you do that, then obviously you can be at risk.”
The changes weren’t enough to make Del. Evan Hansen, D-Monongalia, feels comfortable with the legislation. He voted against concurring with the Senate’s changes.
“I have concerns that this bill may stifle acts of compassion and care by members of religious congregations that help the poor and the needy,” Hansen told West Virginia Watch on Wednesday.
The Senate rejected an amendment brought by Sen. Joey Garcia, D-Marion, that would have outright exempted anyone providing transportation, food, medicine and shelter for the immediate safety and health of an undocumented immigrant. Garcia received support from Senate President Randy Smith, R-Preston, and Senate Minority Leader Mike Woelfel, D-Cabell, while the of the Senate voted no.
A separate amendment by Akers was adopted to the bill clarifying that human smuggling in West Virginia would not apply to the voluntary transportation of an illegal alien by an immediate family member or any person hired by federal or state government who is transporting an undocumented immigrant for reasons that are lawfully allowed in West Virginia and the United States.
The House has passed versions of the anti-trafficking legislation for the last few years, but it never made it to the governor’s desk until this year.
“For me, this was never something that was meant to somehow be tied in with the immigration debate,” Akers said, noting that this year’s version is a “more forgiving” bill on the issue than what had previously passed the House.
“I don’t know how anyone could argue that the trafficking part of the bill is somehow flawed,” Akers continued. “I think we should all objectively agree that trafficking is horrible and should be severely criminalized.”
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.
