detainer. (a) A law enforcement agency that takes initial custody of a person subject to an immigration detainer shall: (1) Provide notice to the court authorized to grant or deny the person's release on bail or bond that the person is subject to an immigration detainer; (2) Record in the person's case file that the person is subject to an immigration detainer; and (3) Upon determining that the immigration detainer is facially sufficient as defined by §15-16-1 of this code, comply with the requests made in the immigration detainer to the extent required by law. (b) A law enforcement agency is not required to perform a duty imposed by subsection (a) of this section with respect to a person who has been ltransferred to the custody of the agency by another law enforcement agency subject to the requirements of this section. (c) A court of competent jurisdiction which receives notice that a person is subject to an immigration detainer shall cause the fact to be recorded in the court record, regardless of whether the notice is received before or after a judgment in the case.
‹ Prev All West Virginia sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.