PARKERSBURG, W.Va. – Today, Governor Patrick Morrisey announced that the West Virginia National Guard, the West Virginia State Police, and the West Virginia Division of Corrections and Rehabilitation have received signed Memorandums of Agreement from U.S. Immigration and Customs Enforcement (ICE) to participate in the 287(g) Program, enabling designated local officers to perform certain immigration officer functions under ICE’s direction and oversight.
“The Biden administration’s border policies allowed millions of people to unlawfully enter our country as massive amounts of deadly fentanyl flowed across the southern border and into West Virginia,” said Governor Morrisey. “We are proud to partner with ICE to crack down on illegal immigration, deport violent criminals, and safeguard West Virginia.”
The West Virginia National Guard and the State Police will operate under the Task Force Model of the 287(g) program, which includes the following authorities:
- To interrogate any alien or person believed to be an alien as to his right to be or remain in the United States and to process for immigration violations those individuals who have been arrested for State and Federal criminal offenses.
- To arrest without a warrant any alien entering or attempting to unlawfully enter the United States in the officer’s presence or view, or any alien in the United States, if the officer has reason to believe the alien to be arrested is in the United States in violation of law and is likely to escape before a warrant can be obtained. Subsequent to such arrest, the arresting officer must take the alien without unnecessary delay for an examination before an immigration officer having authority to examine aliens as to their right to enter or remain in the United States.
- To arrest without warrant for felonies which have been committed and which are cognizable under any law of the United States regulating admission, exclusion, expulsion, or removal of aliens, if the officer has reason to believe the alien to be arrested is in the United States in violation of law and is likely to escape before a warrant can be obtained.
- To serve and execute warrants of arrest for immigration violations.
- To administer oaths and to take and consider evidence to complete required alien processing – which includes fingerprinting, photographing, and interviewing – as well as preparation of affidavits and the taking of sworn statements for ICE supervisory review.
- To prepare charging documents for the signature for an ICE officer.
- To issue immigration detainers.
- To take and maintain custody of aliens arrested by ICE, or another state or local law enforcement agency on behalf of ICE.
- To maintain custody of aliens arrested pursuant to the immigration laws and transport such aliens to ICE-approved detention facilities.
The West Virginia Division of Corrections and Rehabilitation will operate under the Warrant Service Officer Model, which includes the following authorities:
- To serve and execute warrants of arrest for immigration violations on designated aliens in correctional facilities at the time of the alien’s scheduled release from criminal custody in order to transfer custody of the alien to ICE.
- To serve warrants of removal at the alien’s scheduled release that executes the custodial transfer of the alien to ICE for removal purposes.
“This level of coordination between West Virginia’s law enforcement and ICE will significantly speed up the process by which we arrest, detain, and deport illegal aliens,” added Governor Morrisey.
Only participating law enforcement personnel who are nominated, trained, certified, and authorized have the authority to conduct the delegated immigration officer functions. Immigration enforcement functions will be done under the supervision or direction of ICE.
The training program includes, among other things, the terms and limitations of the Memorandum of Agreement, the scope of immigration officer authority, relevant immigration law, the ICE use-of-force policy, Civil Rights laws, the detention of aliens, liability issues, and obligations under federal law to make proper notification upon the arrest or detention of a foreign national.
Governor Morrisey also announced West Virginia currently has 88 total illegal aliens in its custody. As of 9:00 AM on August 13, 2025, 13 illegal aliens are housed in West Virginia prisons who were convicted of crimes and serving a sentence, 25 have been arrested on federal or local charges and have active ICE detainers, 4 are on U.S. Marshall holds, and 46 are being detained on immigration charges, including for matters such as failing to appear before a deportation judge or entering the country after being previously deported.