West Virginia Code 15-16-3 – Mandatory duties of law enforcement agencies regarding immigration detainer
(a) A law enforcement agency that takes initial custody of a person subject to an immigration detainer shall:
Terms Used In West Virginia Code 15-16-3
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.