This bill would force local and state law enforcement to act as federal immigration agents, mandate immediate handover to ICE, and impose felony prison sentences for the mere act of re-entering the country. It is harmful, unconstitutional in practice, costly to taxpayers, and dangerous to community safety. 

Key reasons to oppose this bill: 

1. Criminalizes Presence, Not Harm - The bill turns civil immigration status into a pipeline to incarceration, even when no violent or harmful act has occurred. A second encounter results in a felony punishable by years in prison—an extreme response that does nothing to improve public safety.
2. Forces Local Law Enforcement to Do Federal Work - Immigration enforcement is a federal responsibility. This bill coerces state and local agencies into ICE enforcement, diverting limited resources away from real crimes and exposing the state to legal liability.
3. Undermines Public Safety - When immigrant communities fear police, crimes go unreported. Survivors of domestic violence, workplace exploitation, and trafficking are less likely to seek help if contact with police means deportation or prison.
4. Massive Cost to Taxpayers - Incarcerating people for 3–5 years in state penitentiaries is enormously expensive. West Virginia taxpayers will foot the bill for prison, court costs, and detention—while federal authorities already handle immigration enforcement.
5. Encourages Racial Profiling and Civil Rights Violations - The bill provides no safeguards against discriminatory enforcement. “Determined to be in the country illegally” is vague and invites profiling based on race, accent, or appearance.
6. Fails to Address Root Causes or Real Solutions - This legislation does nothing to fix the immigration system, support workers, protect children, or stabilize communities. It relies solely on punishment, not policy.