3 More States Join ICE Enforcement Efforts Under New Law

Three additional states have entered new agreements with ICE to expand immigration enforcement, with one governor far from the southern border calling his state a “border state” due to its fentanyl crisis, Fox News reported Wednesday.

West Virginia Governor Patrick Morrisey announced one of the most extensive state-ICE partnerships to date, involving the State Police, Division of Corrections and Rehabilitation, and National Guard. The agreement utilizes the 287(g) authority promoted by President Donald Trump. Morrisey said the state’s high rate of drug-related deaths makes working with ICE essential to combating fentanyl trafficking.

“Under the Biden administration, millions of people poured into our country unlawfully and we had no knowledge about who they were, or whether they were a threat to our nation,” Morrisey told Fox News Digital ahead of his announcement in Parkersburg. He added, “West Virginia became an effective ‘border state’ due to the massive fentanyl problem caused by illegal immigration.”

The deal gives the National Guard and state police “task force” authority to question anyone suspected of being in the U.S. illegally and determine their legal status, working under federal direction. Officers will be able to process immigration violations for those arrested on other charges and make warrantless arrests if a suspected illegal immigrant is believed to be a flight risk before a warrant can be issued.

Morrisey also granted state law enforcement the power to serve immigration warrants, collect evidence, take fingerprints, and conduct suspect interviews. West Virginia officers will be able to issue immigration detainers, prepare documents for ICE approval, and arrest certain felons likely to attempt escape.

The Division of Corrections will be allowed to hold individuals on ICE detainers under federal supervision, and corrections officers can serve warrants in jails and transfer custody to ICE under the federal “warrant officer model.”

In South Dakota, Governor Larry Rhoden launched a smaller-scale ICE cooperation initiative as part of his “Operation Prairie Thunder” public safety program. Focused on the Sioux Falls area, the plan targets drug trafficking, gang activity, and other crimes. Rhoden said the Highway Patrol will assist with arrests, the National Guard with administrative processing, and the Department of Corrections with transportation and custody transfers.

Arkansas enacted the “Defense Against Criminal Illegals Act,” signed by Governor Sarah Huckabee Sanders, increasing penalties for illegal immigrants committing violent felonies. The law also allows sheriffs to apply for 287(g) authority. Sanders said, “The Defense Against Criminal Illegals Act makes it clear: Arkansas will not tolerate violent, criminal illegals and will do our part to help the Trump administration keep our citizens safe.”

Under the law, Arkansas State Police will exceed the minimum required cooperation with ICE, with officers able to stop individuals in public to inquire about their immigration status and potentially make arrests. Troopers will undergo a 40-hour online course covering immigration law, civil rights, liability, and related topics before engaging in immigration enforcement.

With these agreements, West Virginia, South Dakota, and Arkansas join Florida and Wyoming as states with formal 287(g) partnerships with ICE.