Constitutional Law

Va. AG Joins Immigration Debate, Supports Status Checks During All Cop Stops

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Virginia Attorney General Ken Cuccinelli has issued a legal opinion that says police have the authority to check the immigration status of anyone lawfully stopped or arrested in the state.

The opinion (PDF) says police in Virginia have the authority to make the same type of inquiries contemplated by the Arizona law that was blocked from taking effect last week by a federal judge.

Cuccinelli announced the opinion during a news conference on Monday, the Washington Post reports. “Our opinion basically said that Virginia law enforcement has the authority to make such inquiries so long as they don’t extend the duration of a stop by any significant degree,” Cuccinelli said. “That’s consistent with Supreme Court authority.”

A state lawmaker who requested the opinion plans to ask the governor to codify it through an executive order, the Post says.

Related coverage:

Washington Post: “Va. Attorney General Ken Cuccinelli: The rise of the confounding conservative”

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