Cuccinelli: Va. police can ask about immigration status

[theHandpuppet]

Source: Washington Post

Cuccinelli: Va. police can ask about immigration status
Rosalind Helderman

Law enforcement officials in Virginia can inquire into immigration status of those they stop or arrest--just as they can under a controversial new immigration law in Arizona--Virginia Attorney General Ken Cuccinelli has ruled in an official legal opinion.

Written in response to a request for legal advice from Del. Bob Marshall (R-Prince William), Cuccinelli ruled that police officers and other legal authorities can look into the immigration status of anyone stopped or arrested.

A 2008 Virginia law requires that law enforcement check the immigration status of anyone taken into custody on suspicion of having committed a separate crime. Cuccinelli's opinion could expand such inquiries to those who have been legally stopped by law enforcement, for instance those pulled over for a traffic violation or at a police checkpoint.

Cuccinelli writes in the July 30 opinion that while local law enforcement have the ability to arrest those they suspect of committing criminal violations of immigration laws but not those they believe have violated civil immigration statutes. But he says inquiring into status is different than arresting for a violation and that law enforcement can inquire. While it is a crime to illegally cross the border, many other immigration violations are civil offense, like overstaying a valid visa.

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Read more: http://voices.washingtonpost.com/virginiapolitics/2010/08/law_enforcement_officials_in_v.html

[VMI Dem]

1. Cuccinelli is a scary fucker.

I fear that man may be governor in the near future.

[Lance_Boyle]

2. Seems reasonable.

They already do everything short of a credit check when you get pulled - I would have thought checking legal residency status would already have been included. I don't get why they apparently didn't do this already. Weird restriction. Like stopping someone for speeding but not being allowed to check whether or not the vehicle is stolen. Makes little sense.

[EFerrari]

3. Because immigration status can be a complicated matter

and cops are not immigration attorneys.

[sofa king]

6. Neither are most employers, but they all ask.

[EFerrari]

14. Well, they don't all ask. And when they do, they generally have

a staff and a desk and some guidelines. :)

[MikeW]

22. i dont know about that

I dont know what kinds of jobs you've worked but Ive had to show all kinds of documentation
for the jobs Ive had throughout life.

[EFerrari]

29. I don't think I've ever been asked about citizenship.

I'm not sure that I even had to show a birth certificate to get my license but that was thirty years ago so maybe I just don't remember.

My point is, it takes a cop off task to start asking about immigration status at a routine stop. I can see getting into it if someone is arrested for a felony but short of that, it's probably a bad idea. You're potentially criminalizing administrative matters and pulling resources away from actual law enforcement.

[cowman]

33. Just about every application

I have ever seen has the the words, are you a U.S. citizen and if not are you a legal alien resident.

[sofa king]

34. That makes me happy for you because you must have a job!

Or maybe you had one long enough so that you don't need one now, which would be even better. I, unfortunately, have checked the "I am legally eligible for employment in the United States" boxes and the "I am a U.S. Citizen" boxes close to 100 times this year, by my guess. One of these days someone is going to screw up and accidentally give me a job, and they won't regret their mistake.

Perhaps the most interesting example comes from Cuccinelli's site, at question 4 of page 2 of the Attorney application found on this page:

http://www.oag.state.va.us/OUR_OFFICE/Employment_Apps.html

It's the same question I'm always asked, only surrounded by lawyerly chaff. So maybe it doesn't fly as well as it should. But it's definitely asked, each and every time.

As for the point you make, I completely agree. If my idiot Commonwealth wants to take over the federal government's job of enforcing immigration laws, then dammit, do it right and start fining and revoking the charters of the unscrupulous employers who hire the illegal immigrants!

But of course, that will never happen because The Man only wants us to hate "those people" and vote for the palm-greased rednecks who scream about it but never do anything about it. He doesn't want us to actually stop the wage-exploitation bonanza that causes the illegal immigration, because that would be unprofitable.

[no limit]

8. It would be reasonable if they had to ask everybody. But it only applies to brown people

If they want to check the papers of every person in this country, fine, let them try and see how long before the right wing nut jobs loose their shit because they need to carry approved ID anytime they step outside. But that's not what they are doing, they only do it if there is reasonable suspicion that someone is here illegally. Which boils down to race. Meaning brown people will be targetted whereas white people won't.

[Lightning Count]

9. All immigrants here legally are already required to carry approved ID at all times.

That is federal law. So illegal immigrants should not be subject to this requirement?

If someone is involved in a DUI, has no license or other ID, and his identity cannot be determined, what do you propose be done?

[no limit]

12. Your argument is false. We are not talking about what immigrants have to carry

we are talking about what all people in this country have to carry, wether that be citizens, illegals, temporary visa holders, residents, etc, etc, etc.

There is currently no law out there for everyone to carry approved ID when they step outside their home. So that means cops have no right to ask for this. Otherwise it will be done by race. And people that might very well be here legally but have the wrong shade of skin color could be taken to jail because they left their IDs at home.

I don't know if you know but getting arrested is no picnic. It will stay with you for the rest of your life.

[Lightning Count]

13. But there is a law that immigrants who are not citizens have to carry proper ID.

That is federal law. There is no denying this.

If you are arrested and do not have ID, what usually happens?

As to how you function without legal ID in today's world is a mystery. I get on a plane, I need ID. I go to the bar, I need ID. I rent a movie, I need ID.

[cowman]

17. You are wrong

SCOTUS ruled that cops do have the right to ask you for ID even if your just walking down the street, the ruling stemmed from a rancher here in NV who was on his own property and when asked by the police for ID he refused and was arrested for obstruction, went all the way to the SCOTUS where the state won.

[no limit]

27. So if I go for a run without my ID I risk going to jail?

What is the case name you reference?

[cowman]

30. I'm not sure

it's probably at the discretion of the investigating officer, I don't remember the case number but it stemmed from a northern NV rancher who refused to show ID to police even though he was on his own land, I remember how outraged I was when the decision came down from the SCOTUS.
I believe, and I may be wrong, but I believe the police can detain you at a detention facility until they determine who you are.

[no limit]

36. Here is the case. I don't think it says anything about ID, just giving your name

http://www.cnn.com/2004/LAW/06/24/dorf.police.id/

[sulphurdunn]

20. If you're driving, get pulled over

and spike the breathalyzer, you're going to jail, license or other ID notwithstanding.

[nadinbrzezinski]

25. Because the USSC says you are not supposed to carry

ID on you. Of course if you are driving you can and you have to... but driver's licences are NOT immigration papers.

I guess one of these days I will have to carry my US Passport when I travel INSIDE the country... I mean I got an accent, that is enough to suspect I came across... and yes, we are moving in that direction.

And sadly many folks don't fucking get it.

[Lance_Boyle]

35. Legal resident aliens ARE supposed to carry documentation (green card). n/t

[AlbertCat]

4. that police officers...can look into the immigration status of anyone stopped or arrested.

UH... don't they do that already??? I mean, if you're being arrested, don't they check up on you? And if you are stopped by police or a trooper, don't they already ask for your license and registration and do a check?

I lived in VA in the 70's and we called it a "police state" then.

Speed checked by aircraft!

[bergie321]

5. License and Registration

Do not prove immigration status. Someone here on a work visa can get a license and registration and still over stay their visa becoming illegal immigrants. They want brown-skinned people to be required to prove their immigration status at all times. This would include legal citizens of the United States.

[Bette Noir]

7. Yes. "Inquired" and "arrested" are two different things.

A lot of people see anyone with a suntan and think they're here illegally. I'm regularly told that I "don't look American;" I'd hate to be hauled off to jail because of that.

[Lightning Count]

10. How do you get a license with an expired visa?

Seems like the solution is to not allow expired documents to be used to get driver's licenses. License renewal dates should also match visa expiration dates.

[AlbertCat]

16. can get a license and registration and still over stay their visa becoming illegal immigrants

I understand that.
But when one is pulled over, the officer usually takes one's license and registration, goes over to his car and checks it out on a computer.... where they should discover many other things about the person... like if they're on a visa.

Like the AZ law... it's just not needed. It's stage craft (at the expense of your rights and the time and effort of law enforcement) to keep people scared and paranoid, while the Conservatives pretend (again) to be actually doing something.

[LostinVA]

19. They don't use the aircraft anymore, btw

Although some of the signs along 64 are still up.

Quite a few other states do this, btw. Waste of money.

[greiner3]

11. Just have everyone in the US;

Be RFIDed. That would settle any question of legality, political stance, last book checked out at the library and any tidbit of info. I'd almost be for it if it was a requirement that all people would be required to be so tagged. Not.

[bergie321]

15. We should also

Be linked into a GPS system so the police can instantly find us. How did the "land of the brave" become the "land of the scared little pussies"?

[Steve20]

18. re

This is a reasonable law.

[sulphurdunn]

21. It's not a law.

It's a legal opinion stating that a cop may inquire about immigration status if someone has been detained for another reason. A cop can inquire about anything under those circumstances. Anyone may choose to answer or not.

[sulphurdunn]

23. We've been here before.

When I was a kid it wasn't uncommon for someone who got smart or who refused to answer a question to have it beaten out of him in the basement of the police station. That was inefficient. Now you get zapped with a taser right on the spot. :smoke:

[MikeW]

24. being evasive about identification is a sure way to get arrested

[cowman]

31. It sure is

they now call it obstructing a police officer in the course of their lawful duties. Now don't get me wrong, I am not anti police, my oldest daughter is a Las Vegas Police Officer, but I think that the police, in the last 15-20 years have gotten far to many powers.

[dgibby]

26. Wonder if they'll be checking these folks.

There are an estimated 50,000 Irish illegal immigrants in the U.S.; 30,000 of them are thought to live in New York City. Today, this tiny corner in the northern reaches of the Bronx is perhaps the most heavily Irish-born neighborhood in New York, and advocates believe that as many as 40% of local immigrants are undocumented.

More at link:

http://www.latimes.com/news/opinion/commentary/la-op-rodriguez8apr08,0,1081193.column

I was born and raised in Va, and have predominately Irish heritage. Guess I'd better dig out my birth certificate for my next visit home.

[sulphurdunn]

28. Whether or not you can prove

you're legal or even a citizen depends upon the standard of proof. The only ID I carry is a driver's license. I intend to wear my kilt to the next Highland festival and do not intend to prove to any sons of bitches that I'm a US citizen even if they say "pretty please" and offer to kiss my ass.

[ProSense]

32. They may not want to follow Arizona's lead

Think Progress: Most Arizonans Believe SB-1070 Will Heighten Racism, White Supremacist Groups On The Rise