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.
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.
Refer to federal employment eligibility verification rules and the requirements for Form I-9.
No requirement to use E-Verify for checking employees' status.
Proof of U.S. citizenship or legal residence is required for obtaining a West Virginia driver's license or state ID.
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."
No state-mandated identification requirement for voting.
Contact a qualified immigration attorney to help you get the best results possible.