ACLU To Virginia Police: Ignore AG's Opinion

Virginia police have received conflicting guidance from Attorney General Kenneth Cuccinelli and the ACLU on enforcement of immigration laws.

From Cuccinelli: Police have authority to inquire into the immigration status of any person they have stopped or arrested, much like the power given Arizona officers under that state's tough new immigration law.

From the American Civil Liberties Union of Virginia: Ignore Cuccinelli. His opinion lacks a legal foundation and presents constitutional and public policy problems.

Cuccinelli issued the advisory opinion Monday at the request of state Del. Robert G. Marshall. Rebecca K. Glenberg, legal director of the ACLU of Virginia, followed up with a letter to Virginia's police chiefs Thursday saying the opinion is legally flawed and should be disregarded.

So how do Virginia police respond to these opposing viewpoints?

They continue what they've been doing, according to Dana Schrad, executive director of the Virginia Association of Chiefs of Police.

"In terms of practice and policy, it varies across the state depending on the priorities of the locality," Schrad said. In some localities, police generally don't ask about immigration status because doing so could have "a chilling effect" on the immigrant community's cooperation with law enforcement, she said. In others, officers inquire.

"Virginia code is silent and does not prohibit law enforcement from asking about immigration status," Schrad said. "We have to give officers a certain amount of discretion in the field. We don't expect any of this will change procedures."

Read more at the Washington Examiner