The West Virginia Senate passed a measure on February 17, 2026 that increases penalties for human trafficking and human smuggling in the state. (Photo by Will Price/West Virginia Legislative Photography)
A bill that would raise penalties for human trafficking and smuggling, including the illegal transport of immigrants without eternal residency status, is almost on Gov. Patrick Morrisey’s desk for consideration.
The Senate agreed overwhelmingly House Bill 4433 on Tuesday a measure that would expand the state’s definitions of human trafficking, smuggling crimes, forced labor and more. The bill establishes specific penalties for the illegal transportation of adults and minors.
“We have been trying to pass this human smuggling bill for years,” said Sen. Laura Chapman, R-Ohio, adding that there are an estimated 27 million victims of human trafficking worldwide.
“Without this bill, the state of West Virginia will be beholden to the federal government to catch and prosecute these evil perpetrators. With this bill, we now give our local law enforcement agencies the power to prevent evil within our state’s borders,” she said.
The legislation would also change the definition of human smuggling in West Virginia to include transporting, isolating and harboring an “illegal alien” to avoid prosecution.
Democratic members of the Senate and House of Representatives have spoken out against the bill this legislative session because they felt the language regarding undocumented immigrants was too broad. The measure could penalize churches or nonprofits that drive immigrants to the grocery store or doctor’s appointments during President Donald Trump’s immigration policies, Democratic lawmakers argued.
Senators amended the House legislation before approving it, adding language to clarify that a person must willingly assist a non-permanent immigrant in order to avoid enforcement of the law and face criminal penalties under the legislation.
Sen. Ryan Weld, R-Brooke, suggested one the change with this language, and it was passed by the Senate. He believed this addressed the issue of possible criminal penalties for churches by showing that there must be a clear intent to facilitate undocumented immigrants evade prosecution.
“I always want to make sure that we approach things here as rigorously as possible so that it doesn’t become a subjective meeting,” Weld said.
Senate Judiciary Chairman Tom Willis, R-Berkeley, said the bill “reaffirms the rule of law in this country.”
“…It punishes more harshly those who treat human life as a commercial commodity,” he said.
Democrats vote no to measure, raising concerns about broad language
The measure excludes people who provide medical or mental health services to undocumented individuals. It also exempts licensed attorneys who have an energetic attorney-client relationship with an undocumented person in an immigration case or in connection with a criminal case against the undocumented person.
Sen. Joey Garcia, D-Marion, tried it change The legislation also provides an exemption for anyone who provides transportation, food, medicine and shelter for the immediate safety and health of an undocumented immigrant.
In Minnesota, clergy, Schools, mothers and others have been helping immigrants as Immigration and Customs Enforcement conducts its largest immigration sweep in the country.
Garcia worried that the bill wasn’t written strictly enough to protect clergy and individuals who facilitate undocumented immigrants under the Trump administration.
“One thing I cannot accept is the idea of feeding children and turning them over to ICE. I cannot accept that. I will not vote for it,” he said.
The Senate rejected Garcia’s amendment, although Senate President Randy Smith, R-Preston, was the only Republican to vote yes on his amendment.
Garcia and Senate Minority Leader Mike Woelfel, D-Cabell, voted against the bill.
“This could have been a bill that I supported because I think we need good sentencing when it comes to human trafficking,” Garcia said. “My main concern is the predator, the bad actor that we’re going to point the finger at, which is the people who deliver food, who take someone to a doctor’s appointment, it’s the church that allows someone to come in and rest for a while.”
The House passed the measure last month and must approve the changes from the Senate before they can be sent to the governor for consideration.
The Senate earlier this year passed a bill West Virginia law enforcement must notify federal immigration officials of any person they have identified as a non-permanent immigrant. The House has not yet voted on the measure.
- February 18, 20269:53 amThis story has been updated to say Senator Ryan Weld represents Brooke County.
