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Virginia Cops Can Check Immigration Status, Attorney General Rules

First Posted: 08/02/10 02:11 PM ET Updated: 05/25/11 06:15 PM ET

Virginia Immigration Law
Ken Cuccinelli File Photo

Virginia Attorney General Ken Cuccinelli, whose lawsuit against health care reform moved forward Monday, has ruled that his state's law enforcement officials can ask to check the immigration status of anyone they arrest or even stop.

Cuccinelli's legal opinion, written in response to a conservative state delegate's request, could expand on a 2008 Virginia law requiring police to check the legal status of anyone taken into custody on suspicion of having committed a crime.

The opinion also explicitly compares standing Virginia law to the pending Arizona immigration law, which some Virginia activists see as a roadmap for their own state policy.

"Virginia law enforcement officers have the authority to make the same inquiries as those contemplated by the new Arizona law," Cuccinelli wrote. "So long as the officers have the requisite level of suspicion to believe that a violation of the law has occurred, the officers may detain and briefly question a person they suspect has committed a federal crime."

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Virginia Attorney General Ken Cuccinelli, whose lawsuit against health care reform moved forward Monday, has ruled that his state's law enforcement officials can ask to check the immigration status of...
Virginia Attorney General Ken Cuccinelli, whose lawsuit against health care reform moved forward Monday, has ruled that his state's law enforcement officials can ask to check the immigration status of...
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COMMUNITY PUNDITS
philinmedford 06:11 PM on 08/02/2010
What will be the end result of all these illegals allowed into the country? Well, read this chilling document. Some "high points".

* At the present growth rate of 1.1% per year, the U.S. population will double to more than half a billion people within the next 60 years. It is estimated that approximately one acre of land is lost due to urbanization and highway construction alone for every  Read More...
09:06 PM on 08/14/2010
What our states are trying to do is manage people here without going through the process in place to enter legally. If the current process and laws need to be tweaked, then carefully tweak away. Until then, obey the laws of our land that are set up to protect our citizens and country from harm. To you liberals, that doesn't mean we think all illegals are harming us... it means there are many who do and the process is there to try and reduce these bad apples from entering legally. (...and that doesn't mean I don't like apples... dang how clear thinkers need to explain a lot to liberals)

Wouldn't it be nice to have liberals treat their fellow citizens and conservatives as well than they treat the illegals from many countries hopping over, under and through our borders? Wouldn't it be nice to have and treat our law enforcement people with respect and trust they are not out to do anything but enforce the laws of the land? If law enforcement steps out of line, then act to correct the problems?
08:25 PM on 08/06/2010
Looks like Aryanzona is already beginning to enforce the SB1070 law. As we can see by this video it looks like anyone with brown skin can be turned over to the border patrol for investigation!

Joe Arpaio's Not the Only Arizona Cop Enforcing Immigration Law
By Stephen Lemons, Fri., Aug. 6 2010 @ 2:31PM

http://blogs.phoenixnewtimes.com/bastard/2010/08/joe_arpaios_not_the_only_probl.php
09:06 AM on 08/06/2010
The US wages war on foreigners in every imaginable way. It wages war in foreign lands, and bullies and pushes around weaker foreign countries, especially the ones that don't have nuclear weapons. On our own soil, the US brutalizes foreigners, makes them do all or most of the dirty work, including in the army. Hopefully, those days are coming to an end. The world is tired of the xenophobia and brutality.
08:38 PM on 08/14/2010
You are not intellectually honest... and are clueless about the USA
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HUFFPOST PUNDIT
Vlad Tepes
03:35 AM on 08/06/2010
Adios amigos
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HUFFPOST PUNDIT
Vlad Tepes
03:34 AM on 08/06/2010
We should have done something about these troublemakers years ago.
11:45 PM on 08/04/2010
Huh? Do you suppose Virginia's Atty General forgot to actually do some basic legal research. Yep! Apparently, he is unaware that being in the U.S. illegally is a CIVIL violation of federal law thatresults in a civil process deportation, not criminal prosecution. Clearly, his opinion was written for political purposes and not because its even mediocre legal reasoning.
09:13 PM on 08/14/2010
Must be really rough seeing potential votes being asked to enter our country legally. Why someone from Mexico or any other country would want to vote for Democrats that seem to be He!! bent on "fundamentally changing the United States of America." towards the countries they are fleeing is perplexing.... until you see the Left and MSM are slandering conservatives to thinking they are racists when its the Left that use race as a sharp tool to try and slice our country in half. Shame on you... soon the truth will be fully exposed. One need only look at your track records the past 50 years...
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HUFFPOST SUPER USER
samilli3
01:57 AM on 08/04/2010
does he realize that there are white foreigners who are illegal immigrants too...you know the one who have violated F1 status or B1 etc? This is all political.....
11:16 PM on 08/03/2010
I suppose he wants to hire confederates to check the immigration status of non-whites.
02:36 PM on 08/03/2010
This whack-job Cuccinelli is an embarrassment to Virginia. He is so filled with hatred towards all minorities it is sure to be his undoing. Hopefully soon.
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ShellyintheWest
No pain or trial that we suffer is ever wasted.
01:53 PM on 08/04/2010
The hate comment is so yesterday. Enforcing laws is not hate.
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HUFFPOST SUPER USER
delatierra
Screamingly Liberal Atheist, dammit!
03:59 AM on 08/12/2010
What's "yesterday" is he and Gov McDonnell (we don't need to mention slavery in VA Confederate History month!) repealing non-discrimination protections extended to Gay Americans. It's people like those two that are trying to turn back the clock. But by your logic, "enforcing laws" that jailed Rosa Parks, lunch-counter protesters, and the Lovings wasn't hate, either.
09:14 PM on 08/14/2010
Thank you!

fanned

Liberty
Peace
12:48 PM on 08/03/2010
Virginia's new motto: "Virginia is for *Legal* Lovers".

Have the northern states started to think about similar measures to counter "illegal" Canadians? - wait, we don't have that problem do we??
HUFFPOST PUNDIT
hrpmap
Retired man still active..
07:56 PM on 08/03/2010
The Franklin County Ohio Sherrif says he deports about 30 a week from all over the world. He then reminded the interveiwer that Ohio is close to the Canadian border. Ohio has 88 counties.
09:18 PM on 08/14/2010
All states need to step it up... Why are you against that?
HUFFPOST PUNDIT
lqw
Justmyopinion
12:48 PM on 08/03/2010
Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

* Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
* Eludes examination or inspection by immigration officers; or
* Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.
01:09 PM on 08/03/2010
It is an easy solution, but nobody has the backbone to do it, as big business wants to exploit cheap labor and get past labor laws and the Democrats just call you a racist, if you want comprehensive immigration policy. To me it is simple

1. Secure the borders by using the military. Take those troops home from Afhanistan and tell them they are going to Arizona, New Mexico, California, and Texas.

2. Go after any employers who hire illegal immigrants. If I break a law without knowing it, I would be told ignorance is no excuse for breaking the law and would go to jail. Same thing for people hiring illegals. If this zero tolerance policy was enacted, there would be next to no illegals being hired with jail time being a consequence.

3. Once 1 and 2 have been done, develop a comprehensive immigration policy that is actually followed. Don't make the process absolute hell. Try and attract the best and brightest from all around the world to train in the professions (doctors, nurses, engineers, etc) the country needs. Allow the hard working Mexicans who do want to be part of this country and contribute access to be able to get legal citizenship. To do this the Immigration Department needs more workers. My solution is to eliminate the Department of Homeland Security and the Department of Education and use these funds for handling immigration. Heck if we had a fuctional immigration policy 9/11 would never have happened.
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HUFFPOST COMMUNITY MODERATOR
Carpetbagger 68
I see my micro bio as half-full.
02:47 PM on 08/03/2010
If you did #2, then #1 would be unecessary. Illegals come for jobs. they are far less likely to risk their lives making the dangerous trek if there was no prospect of employment. Jail the illegal employers. Not only are they aiding and abetting illegal immigration, but they are also likely evading taxes, and certainly STEALING from the legal workforce that needs employment at living wages.

9/11 had nothing to do with immigration policy. It was allowed to happen due to an utter breakdown in intelligence processing and executive leadership.
09:25 PM on 08/14/2010
Good plan, well written. I challenge #1 by pulling out of Afghanistan before we're certain things with the Taliban, al queda and other nasty groups are handled. Every garden needs to have it's weeds managed and removed or the garden is taken over and the seeds blow to other 'civil' gardens.

What do you suppose will happen to us if we leave Afghanistan? Terrorist used car lots? They will gather and build strength like weeds and blow into the infidels gardens and take them over through terror and disruption of life sustaining services. Electricity, food, water, roads etc. Othere than that, I agree.

fanned

Liberty
Peace
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HUFFPOST SUPER USER
ObamAtomic
03:43 PM on 08/03/2010
Immigration officers are the designated ones to apprehend illegals,no local police.
HUFFPOST PUNDIT
hrpmap
Retired man still active..
09:07 PM on 08/03/2010
Tell that to Virginia, by the way the feds aren't sueing them. And the other states that join inn will overwhelm Obama and Holder. good for the states for standing up.
HUFFPOST PUNDIT
lqw
Justmyopinion
12:46 PM on 08/03/2010
To sneak in the country is a Federal crime.
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HUFFPOST COMMUNITY MODERATOR
Carpetbagger 68
I see my micro bio as half-full.
02:51 PM on 08/03/2010
Have you ever been randomly stopped and interogated about possible breaches of Federal Law? Tax evasion is a federal crime, as is child pornography, insider trading, and mail fraud among others. These crimes are most commonly committed by white males. Would it be ok for all white males to be subject to detention until they can prove their innocence?
HUFFPOST PUNDIT
hrpmap
Retired man still active..
09:10 PM on 08/03/2010
You make a good point! Local law enforcement arrests for those cirmes every day and calls the feds and turns them over. So, why do you insist one crime you support should be exempt?
09:29 PM on 08/14/2010
That's liberal thinking at it again...

One has nothing to do with the other. Two separate issues. Law enforcement goes after the people breaking the laws. It's the illegal entrants into our country that are getting the pass. THAT is reverse racism if one were to use your example.

Peace.
HUFFPOST PUNDIT
lqw
Justmyopinion
12:44 PM on 08/03/2010
Arizona, Nebraska, Virginia...........Next ?
09:30 PM on 08/14/2010
Protecting our borders should apply to all 57 US states.

No exceptions!

None.
HUFFPOST PUNDIT
lqw
Justmyopinion
12:42 PM on 08/03/2010
Has Obama sued Virginia yet ?
Is he going to sue all "57" States ?
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HUFFPOST SUPER USER
DCmykl
A long seemingly endless edge
09:43 PM on 08/03/2010
57 states? Who have we annexed recently?
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raleigh1997
Oh no officer, I forgot my papers and/or ID!
HUFFPOST PUNDIT
hrpmap
Retired man still active..
09:11 PM on 08/03/2010
Obviously a man you dpn't like even though the same things can be dug up on the other side.