WV Senate approves increasing penalties for human trafficking; Democrats fear immigration impacts

by Amelia Ferrell Knisely, West Virginia Watch
February 17, 2026

A bill meant to increase penalties for human trafficking and smuggling, including the illegal transport of immigrants lacking permanent legal status, is almost headed to Gov. Patrick Morrisey’s desk for his consideration. 

The Senate overwhelmingly approved 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 felony penalties for the illegal transport of adults and minors.

“We have tried for years to pass this human smuggling statute,” said Sen. Laura Chapman, R-Ohio, adding that there are an estimated 27 million victims of trafficking worldwide. 

“Without this bill, the state of West Virginia is beholden to the federal government to catch and prosecute these evil perpetrators. With this bill, now we empower our local law enforcement to stop the evil from happening within our state’s borders,” she said. 

The legislation would also change West Virginia’s definition of human smuggling to include transporting, isolating and harboring an “illegal alien” to avoid law enforcement.

Democratic members of the Senate and House have opposed the bill this legislative session because they felt the language related to undocumented immigrants was too broad. The measure could punish churches or nonprofits driving immigrants to the grocery store or doctor’s appointments during President Donald Trump’s immigration crackdown, Democratic lawmakers argued. 

Senators amended the House legislation before approving it, adding language in an attempt to clarify that a person would have to be willingly helping an immigrant lacking permanent legal status for the purposes of avoiding the enforcement of the law to face criminal penalties under the legislation. 

Sen. Ryan Weld, R-Brooke, proposed an amendment with that language, and it was adopted by the Senate. He felt it addressed the issue of potential criminal penalties for churches by showing there had to be clear intent in helping undocumented immigrants evade law enforcement.

“I always want to make sure that we do things as tightly as possible around here so they’re not up for a subjective meeting,” Weld said. 

Senate Judiciary Chair Tom Willis, R-Berkeley, said the bill reaffirmed “the rule of law in this country.” 

“ … It more severely punishes those who treat human life as a commercial commodity,” he said.

Democrats vote no on measure, concerns about broad language 

The measure exempts individuals providing medical or mental health services to undocumented individuals. It also exempts licensed attorneys who have an active attorney-client relationship with an undocumented person for an immigration case or related to a criminal matter against the undocumented person. 

Sen. Joey Garcia, D-Marion, tried to amend the legislation to also include an exemption for anyone providing 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 while Immigration and Customs Enforcement agents are carrying out its largest immigration enforcement operation in the country. 

Garcia feared the bill wasn’t written tight enough to protect clergy and individuals helping undocumented immigrants under the Trump administration.

“One thing I cannot accept is this idea of feeding children and turning them over to ICE. I cannot accept that. I will not vote for that,” he said.

The Senate voted down Garcia’s amendment, though 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 I supported because I think we need to have good penalties with respect to human trafficking,” Garcia said. “My main concern is the predator, the bad actor, that we will be pointing a finger at are those people who are delivering food, who are taking somebody to a medical appointment, it’s the church allowing someone to come in and rest for a period of time.”

The House of Delegates passed the measure last month, and they’ll have to sign off on the Senate’s changes before it can go to the governor’s desk for consideration. 

The Senate earlier this year passed a bill requiring West Virginia law enforcement to notify federal immigration officers about any person they’ve identified as an immigrant lacking permanent legal status. The House hasn’t yet voted on the measure. 

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