VIrginia AG Opinion on Police Inquiries of Immigration Status

This, week, Virginia chimed in on the national debate over immigration when Attorney General Ken Cuccinelli II issued a legal opinion that authorizes — but, unlike Arizona immigration law SB 1070, does not require if they have a “reasonable suspicion” that a person is undocumented — law enforcement to check the immigration status of persons stopped by police officers for any reason. Previously, law enforcement officers in Virginia were required to investigate the legal status only of those who were arrested and jailed.

The AG opinion leaves open a number of questions, including whether a police officer may merely “inquire” about immigration status or whether the officer can go further and actually demand documentary proof of status.

The Virginia Attorney General also is challenging the constitutionality of the health care reform bill.

KJ