Va. officers may soon check detainees for legal status

By Anita Kumar, Carol Morello and Rosalind S. Helderman

RICHMOND

Virginia Gov. Bob McDonnell said Tuesday that he has spent months trying to reach an agreement with the federal government to train and deputize state troopers to act as immigration and customs agents to make legal-status checks and refer individuals for deportation.

McDonnell, a former state attorney general who has helped several localities enter into similar agreements, said he expects to make an announcement soon.

"We're working on that," he said Tuesday outside the state Capitol.

McDonnell's comments came a day after Attorney General Ken Cuccinelli issued an opinion that authorizes police to ask anyone stopped for any reason about his or her immigration status.

The governor said that he agrees with Cuccinelli's opinion, which is similar to an opinion he issued in 2007, but that he lacks the legal authority to force local police to act.

"I think local law enforcement officials have had the authority for a number of years," McDonnell said. "We believe our state and local officers have the ability to make those inquiries... and turn them over for the appropriate proceedings."

Del. Robert Marshall, R-Prince William, had requested Cuccinelli's legal opinion and subsequently written to McDonnell to codify the language in the opinion. He said he hopes the ruling will give local governments the assurance that they are on "firm constitutional ground" if they choose to request that their law enforcement departments inquire about immigration more frequently.

"They could make this a priority," he said. "This is a determination that elected officials have to make."

A 2008 Virginia law requires that jail officials check the immigration status of everyone who has been arrested and taken into custody.

Cuccinelli's opinion does not require police to act, but it allows officers to check the status of those who are arrested - jailed or not - and to inquire about the immigration status of everyone who is stopped, including those pulled over for a traffic violation or at a police checkpoint.

In a statement, Cuccinelli insisted that his opinion "simply declares what is existing law."

But groups that have called for stricter enforcement of immigration laws expressed hope that police departments throughout the state will start routine immigration checks of motorists they stop.

And an immigrant advocacy group warned McDonnell in a letter late Tuesday that it would sue if he directed law enforcement officers to investigate the immigration status of those who have been stopped.

As public attention focused on Cuccinelli's opinion Tuesday, it remained unclear whether the legal advisory would result in any practical change. Dana Schrad, executive director of the Virginia Association of Chiefs of Police, said Cuccinelli's opinion offered advice, not a mandate.

Local policies sometimes limit when police should ask about immigration. Some departments advise officers to avoid asking about immigration during criminal investigations when victims or witnesses might be discouraged from cooperating if police question their status.

Twenty-six states, including Maryland and Arizona, and eight localities in Virginia have the so-called 287g status, which allows the federal government to enter into agreements with state and local law enforcement agencies permitting them to act as immigration and customs agents.