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Virginia Attorney General Rules Police Can Check Immigration Status

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Today Virgina is really kicking ass and telling Obama to F off. A judge ruled their lawsuit against Obama's healthcare mandate can move forward, it will not be dismissed as request from Obama/Holder.

And now the state AG say police can check immigration status of people stopped or detained. So much for Obama and illegal lovers thinking the recent ruling in AZ court would deter states from fighting illegal immigration. If anything that ruling is going to wake states up that they are going to have to handle it themselves, Obama/federal gubment be damned because they are the ones preventing enforcement.

http://www.foxnews.com/politics/2010/08/02/virginia-attorney-general-rules-police-check-immigration-status/

In a decision that could lay the groundwork for an Arizona-style immigration policy, Virginia's attorney general said state law enforcement officers are allowed to check the immigration status of anyone "stopped or arrested."
 

ichy

Diamond Member
Oct 5, 2006
6,940
6
81
Oh joy, this means that more illegals will flock to the People's Republic of Maryland :(
 

boomerang

Lifer
Jun 19, 2000
18,890
638
126
Looks like we the people will be suing another state. Is it money well spent? What's the return on our investment?
 

Schadenfroh

Elite Member
Mar 8, 2003
38,416
4
0
Good, I hope my state passes similar laws to Arizona and makes another scene with The Feds.


By the way, what happens when California legalizes recreational use of marijuana this year? Will The Feds cry about that?
 

DesiPower

Lifer
Nov 22, 2008
15,366
740
126
illegals can move to TX or CA or NY, 3 of the biggest states in US that can never have such laws...
 

ichy

Diamond Member
Oct 5, 2006
6,940
6
81
I have to wonder how much meaning this has. An attorney general's opinion isn't statutory law and it isn't binding judicial precedent. No court is bound by this opinion.
 

Fern

Elite Member
Super Moderator
Sep 30, 2003
26,907
173
106
I have to wonder how much meaning this has. An attorney general's opinion isn't statutory law and it isn't binding judicial precedent. No court is bound by this opinion.
The courts have already ruled an officer can check into immigration status, or at least ask about it. How they are going to emplower local law enforcement to to check status is in question.

In AZ's case the judge never police can't inquire about immigration status, the part she stayed said all police MUST check immigration status. I.e., state law can't mandate or compel police to check immigration, but if the officer wants to (s)he is legally permitted to do so.

In this case, if the various county/city authorities decide to encourage their officers to check immigration status I think the biggest result is that sending a message to the illegal community. They may decide to leave on their rather than face the prospect of being 'discovered'.

Fern
 
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Anarchist420

Diamond Member
Feb 13, 2010
8,645
0
76
www.facebook.com
Good news. There are a lot of illegal aliens in Richmond, so maybe this'll get rid of them.

Despite the fact that I'm not part of the Christian wrong, I've actually for once been pretty happy with the exec branch of my state. I read earlier today from Campaign for Liberty that a Federal Judge told Obama to fuck off when the Obama admin asked the judge to dismiss my AG's lawsuit against ObamaCare.

The last two Republican governors (Allen and Gilmore) of my country were straight-up RINOs when it came to economic issues.

However, this Republican executive branch is pretty economically conservative with a 220M surplus replacing an inherited 4B deficit in just half a year without a tax increase.

Good to have some people who govern me that I don't want to just hang.
 

sactoking

Diamond Member
Sep 24, 2007
6,939
1,781
136
I have to wonder how much meaning this has. An attorney general's opinion isn't statutory law and it isn't binding judicial precedent. No court is bound by this opinion.
AG opinions usually serve as binding procedure for the executive branch until such time as they are repealed by the AG's office or overturned by the court of appropriate jurisdiction.

So, they may not be binding, but until explicitly told otherwise they act as guidance for SOP.
 

DLeRium

Lifer
Feb 19, 2001
20,158
20
81
The courts have already ruled an officer can check into immigration status, or at least ask about it. How they are going to emplower local law enforcement to to check status is in question.

In AZ's case the judge never police can't inquire about immigration status, the part she stayed said all police MUST check immigration status. I.e., state law can't mandate or compel police to check immigration, but if the officer wants to (s)he is legally permitted to do so.

In this case, if the various county/city authorities decide to encourage their officers to check immigration status I think the biggest result is that sending a message to the illegal community. They may decide to leave on their rather than face the prospect of being 'discovered'.

Fern
I never understood this part really. I read the SB1070 bill like 300 times to counter the typical progressive racist arguments and what not, and what I gather from it is that if there is reasonable suspicion an officer may inquire into the immigration status of a detainee. I suppose the text that a "reasonable attempt shall be made" requires an officer to look into their immigration status, but at the same time its completely based on reasonable suspicion. This is kinda a grey area. It requires the officer to do so, but it only requires the officer to do so if his/her judgement THINKS there is reasonable suspicion. So in the end, isn't it technically still up to the officer?

I suppose you could make up a ludicrous scenario where some officer stops a van full of Mexicans with no license, no one able to speak English, only Mexican license plates, cuts and bruises on their arms, etc etc. and just gives them a warning and waves them off without looking into their immigration status... then I suppose the officer is ignoring SB1070? And I suppose that is what the judge ruled? That an officer can do that if he/she wishes? Heh.

If so I don't think much has really changed with the ruling.
 

Linflas

Lifer
Jan 30, 2001
15,388
75
91
We have had an Arizona type ordinance in Prince William County since 2007. He was asked by the state delegate that represents this county in Richmond to review the county ordinance and he did so and issued an opinion. The ruling in Arizona only affects the Arizona law and not the law that has been on the books here since 2007.
 

Linflas

Lifer
Jan 30, 2001
15,388
75
91
Good news. There are a lot of illegal aliens in Richmond, so maybe this'll get rid of them.

Despite the fact that I'm not part of the Christian wrong, I've actually for once been pretty happy with the exec branch of my state. I read earlier today from Campaign for Liberty that a Federal Judge told Obama to fuck off when the Obama admin asked the judge to dismiss my AG's lawsuit against ObamaCare.

The last two Republican governors (Allen and Gilmore) of my country were straight-up RINOs when it came to economic issues.

However, this Republican executive branch is pretty economically conservative with a 220M surplus replacing an inherited 4B deficit in just half a year without a tax increase.

Good to have some people who govern me that I don't want to just hang.
Gilmore is the one that tried to put a stake through the heart of that miserable personal property tax on cars. That is hardly a RINO position. His only mistake was not getting rid of 100% of it and addressing the issue of cuts and perhaps a 1/2 cent increase in the sales tax to offset the revenue loss to the counties.
 

blackangst1

Lifer
Feb 23, 2005
20,824
804
126
In AZ's case the judge never police can't inquire about immigration status, the part she stayed said all police MUST check immigration status. I.e., state law can't mandate or compel police to check immigration, but if the officer wants to (s)he is legally permitted to do so.

Fern
Thing is, the requirement is only in the case of arrest, not a Terry stop, suspicion, etc. In these cases, the discretion is the officer's. From the bill itself:


Any person who is arrested shall have the person's immigration status determined before the person is released​
 

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