Shown on March 12, 2026, the West Virginia House of Delegates passed House Bill 4433, which expands the state’s definitions of human trafficking, smuggling crimes, forced labor and more. Gov. Patrick Morrisey signed the bill. (Photo by Perry Bennett/West Virginia Legislative Photography)
Gov. Patrick Morrisey has signed a Republican-backed bill that increases the number Penalties for human trafficking and human smuggling in West Virginia.
The measures – House Bill 4433 – expands state definitions of human trafficking, smuggling crimes, forced labor, and more. The measure imposes specific penalties for the illegal transport of adults and minors. It comes into effect this summer.
“It’s a real problem and it’s a problem for the immediate victims, but it also contributes to drug trafficking,” said House Judiciary Chairman JB Akers, R-Kanawha.
The measure is sponsored by Del. Bill Ridenour, R-Jefferson, sponsored.
Federal law prohibits Persons from smuggling or harboring unauthorized persons entering and remaining in the United States.
The law passed by the state legislature changes the definition of human smuggling in West Virginia to penalize the transport, isolation and harboring of an “illegal alien” to avoid prosecution.
This excludes individuals who provide medical or mental health services to undocumented individuals. There is also an exception for licensed attorneys who have an dynamic attorney-client relationship with an undocumented individual in an immigration case.
Democratic members of the Senate and House voted against the measure as it passed through the Legislature. citing concerns that it could Penalize churches or nonprofit organizations They drove immigrants to the grocery store or to doctor’s appointments during President Donald Trump’s crackdown on immigration policy.
In Minnesota, clergy, Schools, mothers and others have been helping immigrants as Immigration and Customs Enforcement conducts its largest immigration sweep in the country.
Sen. Ryan Weld, R-Brooke, changed the legislation beforehand it was passed by the Senate to clarify that individuals “willfully” helped an undocumented immigrant evade law enforcement. Weld, an attorney, believed it raised the issue of possible criminal penalties for churches and others by showing that there must be a clear intent to facilitate undocumented immigrants evade prosecution.
Akers said there should never have been “any real concern that anyone doing real volunteer work could ever get into trouble.”
“You are literally allowed to help anyone in any way you can, with food or transportation, medical care or legal services,” he said. “The only way you’re ever going to be in danger is … if you help the person evade law enforcement. If you do that, of course you can be at risk.”
The changes weren’t enough to make Del. Evan Hansen, D-Monongalia, to be satisfied with the legislation. He voted against Approval of Senate amendments.
“I have concerns that this bill could stifle compassion and care from members of religious communities who help the poor and needy,” Hansen told West Virginia Watch on Wednesday.
The Senate rejected a the change Introduced by Sen. Joey Garcia, D-Marion, anyone who provides transportation, food, medicine and shelter for the immediate safety and health of an undocumented immigrant would have been completely exempt from taxes. Garcia received support from Senate President Randy Smith, R-Preston, and Senate Minority Leader Mike Woelfel, D-Cabell, while Senate members voted no.
A separate one the change by Akers was included in the bill, which clarifies that human smuggling in West Virginia does not apply to the voluntary transportation of an illegal alien by an immediate family member or others A person appointed by the federal or state government to transport an undocumented immigrant for reasons permitted by law in West Virginia and the United States.
The House has passed versions of anti-human trafficking legislation in recent years, but they only reached the governor’s desk this year.
“To me, this was never intended to be tied to the immigration debate in any way,” Akers said, noting that this year’s version is a “more lenient” bill on the issue than the one previously passed in the House.
“I don’t know how anyone could argue that the human trafficking portion of the bill is somehow flawed,” Akers continued. “I think we should all objectively agree that human trafficking is terrible and should be severely criminalized.”
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