This bill aims to require employers in the state to use the federal E-Verify system to confirm the identity and legal work status of their employees. Some exceptions are made for the relationship between a party and an independent contractor, casual domestic labor, and individual homeowners hiring workers on their private property. The Commissioner of the Division of Labor is empowered to investigate complaints, access information from other state agencies to confirm compliance, and impose penalties for violations, including license suspensions of 10 to 60 days for first and second offenses and permanent revocation for a third offense. Employers have affirmative defenses available, such as good faith compliance with E-Verify requirements and entrapment. The Division of Labor will provide educational materials and notifications to make employers aware of the E-Verify requirements. The bill seeks to ensure that employers in West Virginia are only employing individuals legally authorized to work in the United States and provides for strong enforcement mechanisms and penalties to deter the employment of illegal aliens.

This legislation prohibits illegal aliens from entering West Virginia and proscribe increased punishments for repeat offenders and creates a process for returning illegal aliens home.

This resolution shows that the West Virginia House is supportive of Texas in the state's efforts to slow down the Biden border crisis.