West Virginia § 15-16-3 Mandatory duties of law enforcement agencies regarding immigration detainer

West Virginia Statutes

§ 15-16-3 — Mandatory duties of law enforcement agencies regarding immigration detainer

West Virginia § 15-16-3

Ch. 15PUBLIC SAFETY

Art. 16FEDERAL IMMIGRATION ENFORCEMENT

This text of West Virginia § 15-16-3 (Mandatory duties of law enforcement agencies regarding immigration detainer) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 15-16-3 (2026).

Text

(a)A law enforcement agency that takes initial custody of a person subject to an immigration detainer shall:

(1)Provide notice to the court authorized to grant or deny the person's release on bail or bond that the person is subject to an immigration detainer;

(2)Record in the person's case file that the person is subject to an immigration detainer; and

(3)Upon determining that the immigration detainer is facially sufficient as defined by §15-16-1 of this code, comply with the requests made in the immigration detainer to the extent required by law.

(b)A law enforcement agency is not required to perform a duty imposed by subsection (a) of this section with respect to a person who has been transferred to the custody of the agency by another law enforcement agency subject to the requi

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(a) A law enforcement agency that takes initial custody of a person subject to an immigration detainer shall:

(1) Provide notice to the court authorized to grant or deny the person's release on bail or bond that the person is subject to an immigration detainer;

(2) Record in the person's case file that the person is subject to an immigration detainer; and

(3) Upon determining that the immigration detainer is facially sufficient as defined by §15-16-1 of this code, comply with the requests made in the immigration detainer to the extent required by law.

(b) A law enforcement agency is not required to perform a duty imposed by subsection (a) of this section with respect to a person who has been transferred to the custody of the agency by another law enforcement agency subject to the requirements of this section.

(c) A court of competent jurisdiction which receives notice that a person is subject to an immigration detainer shall cause the fact to be recorded in the court record, regardless of whether the notice is received before or after a judgment in the case.