West Virginia State Immigration Laws

Welcome to FindLaw's coverage of existing West Virginia legislation and rules related to individuals' immigration status. Below you will find information on what, if any, rules West Virginia has regarding immigration checks by law enforcement, educational institutions, and employers, as well as the existence of E-Verify requirements, restrictions on public benefits based on an individual's immigration status, and more.

Law Enforcement and Immigration in West Virginia

Under a federal program called "Secure Communities," all arrestees are fingerprinted and run through a federal database which checks their criminal record and immigration status.

Employment Checks

Refer to federal employment eligibility verification rules and the requirements for Form I-9.

West Virginia E-Verify Requirements

No requirement to use E-Verify for checking employees' status.

Driver's License/ID Requirements

Proof of U.S. citizenship or legal residence is required for obtaining a West Virginia driver's license or state ID.

Public Benefits Restrictions

Certain categories of immigrants are ineligible to receive benefits from the West Virginia Works program.

Immigrant children are eligible for the West Virginia Children Health Insurance Program (CHIP) if they entered the U.S. before Aug. 22, 1996 and received legal status or entered after Aug. 22, 1996 and obtained legal status for five consecutive years.

Under federal law, illegal immigrants are prohibited from receiving most public benefits. However, they are allowed to receive emergency services, health care and other programs that have been deemed "necessary to protect life and safety."

Education Checks

N/A

Voting ID Rules

No state-mandated identification requirement for voting.

Housing Ordinances and Immigration

N/A

Related Resources

  • Know Your Rights - Guide to protecting yourself and your family during immigration raids (PDF, CASA of Maryland and other organizations).
  • Immigration to West Virginia - Resources for immigrants to West Virginia (U.S. Immigration Support).

Next Steps

Contact a qualified immigration attorney to help you get the best results possible.