WHEELING, W.Va. — Gov. Patrick Morrisey is ramping up the state’s participation with Immigration and Customs Enforcement (ICE), announcing a widespread agreement that enlists the National Guard and police officers to expand immigration enforcement operations in West Virginia.
It’s one of the most wide-ranging agreements a state has forged with ICE under President Donald Trump’s immigration crackdown. It allows designated law enforcement officers to interrogate people on their immigration status during routine police duties.
Morrisey said that unauthorized immigration was linked to the state’s fentanyl issues.
More than 81% of fatal drug overdoses in West Virginia in 2023 involved fentanyl.
West Virginia — which is nearly 1,500 miles away from the U.S. southern border — has effectively become a border state, the governor said.
“We had to wrestle with the consequences of seemingly unlimited amounts of fentanyl flooding into our state,” Morrisey said Wednesday at a press conference in Parkersburg.
Morrisey has directed the West Virginia National Guard, the West Virginia State Police and the state Division of Corrections and Rehabilitation to participate in the federal 287(g) program that enables designated local officers to perform certain immigration functions under ICE’s oversight. Local law enforcement can participate in the program, as well.
ICE has signed similar agreements with hundreds of local and state agencies across the country.
“The goal is to get as many of our personnel trained in order to be effective partners with ICE Homeland Security and the Trump administration,” Morrisey said.
The National Guard and law enforcement will participate in the “task force model” of the 287(g) program, the broadest of the program’s models that permits law enforcement to enforce immigration authority with ICE oversight during their routine police duties.
The task force agreements with ICE were discontinued in 2012 during the Obama administration after a 2011 Department of Justice investigation found widespread racial profiling and other discrimination against Latinos in an Arizona task force, Stateline reported.
In West Virginia, participating state police and National Guard members will also have the authority to make warrantless arrests of any undocumented immigrant entering or attempting to unlawfully enter the United States in the officer’s presence or view or if the officer believes the person to be arrested is in violation of the law and likely to escape.
“We are very excited about complete cooperation and collaboration with ICE,” said Superintendent of State Police James L. Mitchell. “We hope that this sends a message to people throughout West Virginia that if you’re illegal, if you’re committing crimes that you are not welcomed here in this state.”
Morrisey said only participating law enforcement personnel who are nominated and trained will have the authority to conduct the delegated immigration officer functions.
“The National Guard stands by ready to assist where we can with the ICE mission,” said Maj. Gen. Jim Seward, adjutant general of West Virginia. “We briefed the governor that we have 175 certified law enforcement officers that will be going through this training to assist ICE where they are needed.”
DCR will also play a role in the program by servicing and executive administrative warrants for undocumented immigrants who currently are in state correctional facilities.
David Kelly, DCR commissioner, said it would reduce the premature release of potentially dangerous individuals into communities.
“It’s about being smart, efficient and proactive,” he said.
Around 2% of West Virginia’s residents are immigrants.
In January, Morrisey signed an executive order directing the state Department of Homeland Security, law enforcement and more to coordinate with ICE and to support Trump’s policies on illegal immigration.
As of Wednesday, the governor said there were 88 undocumented immigrants in state custody. Of that total, 46 are being detained on immigration charges that included failing to appear in court before a deportation judge, Morrisey said.