The Virginian-Pilot
©
RICHMOND
Much like their counterparts in Arizona, Virginia police can investigate the immigration status of people they detain or arrest, Attorney General Ken Cuccinelli said in a new legal opinion.
Virginia's top prosecutor offered that guidance to a state legislator who sought his interpretation of Virginia law against the backdrop of national developments that have renewed the fierce, often visceral debate over American immigration policy.
Arizona this year passed a sweeping and controversial immigration enforcement law that included a provision that requires police who stop a person while enforcing other laws to investigate the person's immigration status if they have a reasonable suspicion the person is in the country illegally.
Just last week several aspects of the Arizona law were blocked by a federal judge's order in a case between the state and federal officials opposing the law.
Cuccinelli previously attached his name to a legal brief supporting Arizona's case, and he expressed disappointment when injunctions were granted.
Also last week, a local government official from Northern Virginia made headlines by establishing a political action committee dedicated to strengthening the state's immigration rules.
During a news conference Monday, Cuccinelli said it's his opinion that Virginia police officers can ask about immigration status as part of criminal investigations "so long as they don't extend the duration of the stop by any significant degree."
But he advised authorities against addressing civil violations of federal immigration laws.
Cuccinelli provided the July 30 opinion in response to a request from conservative state Del. Bob Marshall, R-Prince William.
Under current state law, authorities are required to check the immigration status of individuals who are taken into custody. Legal interpretations by attorneys general may carry some weight with courts but aren't considered binding.
Claire Guthrie Gastanaga, a Virginia lawyer and lobbyist who has worked on immigration issues, said Cuccinelli has "done Virginians a disservice" by publishing an opinion that confuses a complicated issue that can evoke passionate feelings.
His opinion, she said, "seeks to serve his personal political agenda rather than objectively interpret the law" and reflects the position of groups "seeking to reduce or prohibit all immigration."
"The opinion closely tracks the advocacy position that the AG took in his amicus brief in the Arizona case - a position rejected by the federal judge," she added.
How Cuccinelli's opinion will be interpreted by law enforcement is unclear.
Virginia State Police spokeswoman Corinne Geller said the agency's policy permits troopers to inquire about immigration status "if it is relevant to an ongoing investigation."
But that isn't mandatory, she added.
In Virginia Beach, police check immigration status during the booking process, after an arrest is made, and in other specific circumstances involving serious crimes.
Otherwise, police don't ask crime victims or witnesses about their immigration status.
Officers in the Beach are concerned with preventing and solving crimes, explained spokesman Adam Bernstein, and don't want to frighten away witnesses or victims who may not be in the United States legally.
Julian Walker, (804) 697-1564, julian.walker@pilotonline.com
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Deep issues
Anyone that has been watching all the lunatic antics of Attorney General Ken Cuccinelli know full well that the law means nothing to him. It is his personal conflicts withing himself that drives him into a hatred. Not just immigrants but an array of dark issues. He is wound really tight. I just wonder when he will go off the deep end.
While I did not vote for the
While I did not vote for the AG, it is not grandstanding. It is a very relevant statement in the current debate about investigating citizenship. To say it is grandstanding is not very well thought out. I have to question the motive of such statements.
Question all you want to
"In Virginia Beach, police check immigration status during the booking process, after an arrest is made, and in other specific circumstances involving serious crimes.
Otherwise, police don't ask crime victims or witnesses about their immigration status.
Officers in the Beach are concerned with preventing and solving crimes, explained spokesman Adam Bernstein, and don't want to frighten away witnesses or victims who may not be in the United States legally."
Question all you want to, but it is my OPINION that Cuccinelli is grandstand and it's dangerous at that.
on one hand you complain about government
On one hand most of you complain about big government, and then you turn around and complain there isn't enough.
Some of you really need to do some serious thinking.
police already ask for ID and Cuccinelli is just grandstanding
Police already ask for ID and all Cuccinelli has done is grandstanding.
Most of you think he said something profound, when all he did was state the obvious fact. The problem is there will be a racist cop out there who will make every effort to profile the illegal. The thing that cop doesn't understand (and the majority on here) is NOTHING is going to happen to the illegal. He will not be deported because he is here illegally, unless he has commited a serious crime, has his day in court and then he might get deported.
Cuccinelli is doing nothing and has said nothing. If you want to stop illegals, then don't hire them or rent to them, but YOU aren't going to do that. If you know someone who hires or rents to illegals, then that's who should be reported. I've done it before by calling Homelanmd Security, and the problem WAS taken care of.
Now we see your true colors...
"... If you want to stop illegals, then don't hire them or rent to them..."
There! You said it in your own words!
You want companies/businesses/individuals all to DISCRIMINATE!
Those poor people weren't even allowed to face their accuser after you reported them either were they? So what would have happened if the person(s) you "reported" had turned out to be here legally? The DHS would have done exactly what the AG said Virginia law enforcement can do already only this way it was endorsed by you.
I wonder if you would have "reported" Ann Frank or Corrie Ten Boom...?
dear paul
Not hiring illegals is not discrimination.
I reported 8 illegls living in a one bedroom codo who sat around all day smoking pot and getting drunk who had proudley annmoucned to the neighborhood that they were illegal. If for wahtever reason they had not been illegal, then nothing would have been done. In their case they were arrested for drugs, and 5 ended up being deported, and I did face them in a court of law. The other 3 served jail time, but were not deported, unless they have been by now.
You assume far too much!
In order to find out...
...if they are legal to be here and work the employers and landlords will HAVE TO CHECK for PROPER DOCUMENTATION! So why would you have a problem with Virginia law enforcement doing the same exact thing. Would you support closing (especially the southern) borders and protecting them better?
Well good! I don't like dope smoking drunks (of any nationality) being a nuisance either. Wow! I think we have agreed on two things now...I may need to reevaluate my thoughts...just kidding there!
paul
Cuiccinelli voiced an opinion not law. There is a follow up story on the Pilot under Pilot on Politics....you might want to read it.
Maybe you should have read this article...
"Under current state law, authorities are required to check the immigration status of individuals who are taken into custody."
It does sound like they are saying that once they are arrested they may check their status. Why is it so bad if it can be determined during a stop for different infraction?
So how are the employers and landlords supposed to find out if they are here legally or not?
Why are you opposed to Virginia law enforcement finding and sending illegal immigrants out of the US?
Why is it okay for you to report someone to the government (DHS-Bush creation) for deportation but not okay for a trained professional to bypass the Government red tape and take care of it?