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UPDATED: ACLU warns police not to act on Cuccinelli's immigration opinion

Anita Kumar

The ACLU of Virginia warned the state's police chiefs and sheriffs not to follow Attorney General Ken Cuccinelli's legal opinion, issued this week, that says law enforcement can ask the immigration status of anyone stopped by police officers for any reason.

The group's legal director, Rebecca Glenberg, wrote to the chiefs and sheriffs yesterday to tell them that Cuccinelli's opinion cites no Virginia law, and that he simply asserts that such authority exists.

Her letter also says that Cuccinelli ignores the recent judgment of a federal district court in Arizona that blocked that state's new law mandating that police inquire about immigration status. Read the full letter.

Update, 5:15 p.m. Del. Bob Marshall, who requested the opinion from Cuccinelli, sent a subsequent letter to the police and sheriffs.

"I cannot understand why the ACLU would encourage law enforcement officers to ignore the attorney general's opinion,'' he said. "The attorney general is the highest ranking law enforcement official in Virginia The ACLU's position essentially allows alien terrorists and gang members to be untouchable in this country. We cannot allow this to continue."

Back to the orginal post:

"It is rather astonishing that the Attorney General would encourage Virginia law enforcement officials to engage in practices that have just been enjoined by a federal court," ACLU of Virginia Executive Director Kent Willis said. "As the court in Arizona made clear only last week, immigration enforcement is a federal function, not a state or local one."

The ACLU says inquiries about immigration status are likely to lead to racial profiling and mistrust of police in immigrant communities, which could result in less cooperation from crime victims and witnesses.

Cuccinelli's opinion does not require police to act, but some say it provides them with the authority to begin checking the status of immigrants immediately.

A 2008 Virginia law requires that jail officials check the immigration status of everyone who has been arrested and taken into custody. Cuccinelli's opinion could expand that to include everyone who is arrested, whether or not they are jailed, and everyone who is stopped, including those pulled over for a traffic violation or at a police checkpoint.

Cuccinelli spokesman Brian Gottstein did not immediately respond to a message for comment.

Update, 3:50 p.m. A spokesman for Cuccinelli declined to comment.

By Anita Kumar  |  August 5, 2010; 2:45 PM ET
Categories:  Anita Kumar , Immigration , Ken Cuccinelli  
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Comments

One can only wish that the ACLU liked to protect America and Americans as much as it does protecting an invading hoard of criminals who ignore our laws. One can only wonder why they are so selective about the laws that they want enforced and they are always the ones that protect criminals like illegal immigrants.

And yes, illegal immigrants are criminals. No amount of liberal fantasy and spin is going to change that.

Good for Virginia! Find them and ship them out!!!

Posted by: VAtrailerTrash | August 5, 2010 3:25 PM | Report abuse

Cuccinelli is the one acting outside the law. How many more ways can he find to humiliate and motify the citizens of Virginia?

Posted by: moiraeve1 | August 5, 2010 3:50 PM | Report abuse

Cuccinelli is the one acting outside the law. How many more ways can he find to humiliate and mortify the citizens of Virginia?

Posted by: moiraeve1 | August 5, 2010 3:51 PM | Report abuse

Actually, the judge in AZ didn't strike anything down. Rather she issued an unjunction putting those aspects of the AZ law on hold until the court makes a ruling.

Second, Cuccinelli didn't "mandate" that all officers check immigration status. His opinion said officers could check immigration status. I wish people would pay attention to detail and ignore the intentional misleading and political spin by the ACLU, major media outlets and others acting as demagogues to manuipulate people who don't have or take the time to understand the technical details of the issue.

Posted by: fighterDC | August 5, 2010 4:10 PM | Report abuse

VAtrailerTrash, the ACLU is out there everyday protecting the rights of all Americans. Sometimes they do so through vehicles that you may not appreciate, but the rights being protected are in fact yours and mine. In fact, it is amazing how those who bash the ACLU are often the first to run to them for help when their rights are compromised.

That said, I am not at all confident that the ACLU in this case is right as a matter of law regarding the AZ judges ruling. It enjoined the enforcement of the Arizona law and has no direct legal effect on the enforcement of similar laws. Even if that Circuit ultimately ruled the AZ statute unconstitutional, it would be up to the remaining circuits to adopt or reject the ruling until such time as the Supreme Court provided a definitive answer.


Posted by: MdLaw | August 5, 2010 4:31 PM | Report abuse

Anyone who thinks it's ok to steal my social security number, believes my taxes are to be used to pay for their medical and education expenses, and who believe the United States is theirs for the taking, better be ready for a fight. ACLU, you are misguided and I'm trying to understand your definition of these criminals as "politically disenfranchised"???? What a crock!!! NO ONE has the right to break our federal and state laws and bypass our immigration ports and legal system. Why aren't you lobbying the Mexican govt to take care of these people?? Quit jumping on a politically motivated bandwagon to achieve popularity and PLEASE, pull your head out.

Posted by: dwurdman | August 5, 2010 4:54 PM | Report abuse

The first circuit court of appeals in Estrade v Rhode Island gave Rhode Island's state police the right to question anyone for any reason about their immigration status. This was done at the direction of the state's governor.

Posted by: jeffreed | August 5, 2010 4:56 PM | Report abuse

>>And yes, illegal immigrants are criminals. No amount of liberal fantasy and spin is going to change that.

most liberals can agree with conservatives on this one. please don't spin it otherwise.

Posted by: slydell | August 5, 2010 5:09 PM | Report abuse

LET ME SEE IF I GOT THIS RIGHT.
IF YOU CROSS THE NORTH KOREAN BORDER ILLEGALLY YOU GET 12 YEARS HARD LABOR. IF YOU CROSS THE IRANIAN BORDER ILLEGALLY YOU ARE DETAINED INDEFINITELY. IF YOU CROSS THE AFGHAN BORDER ILLEGALLY, YOU GET SHOT. IF YOU CROSS THE SAUDI ARABIAN BORDER ILLEGALLY YOU WILL BE JAILED. IF YOU CROSS THE CHINESE BORDER ILLEGALLY YOU MAY NEVER BE HEARD FROM AGAIN. IF YOU CROSS THE VENEZUELAN BORDER ILLEGALLY YOU WILL BE BRANDED A SPY AND YOUR FATE WILL BE SEALED.
IF YOU CROSS THE CUBAN BORDER ILLEGALLY YOU WILL BE THROWN INTO POLITICAL PRISON TO ROT.
IF YOU CROSS THE U.S. BORDER ILLEGALLY YOU GET
• A JOB,
• A DRIVERS LICENSE,
• SOCIAL SECURITY CARD,
• WELFARE,
• FOOD STAMPS,
• CREDIT CARDS,
• SUBSIDIZED RENT OR A LOAN TO BUY A HOUSE,
• FREE EDUCATION,
• FREE HEALTH CARE,
• A LOBBYIST IN WASHINGTON
• BILLIONS OF DOLLARS WORTH OF PUBLIC DOCUMENTS PRINTED IN YOUR LANGUAGE
• THE RIGHT TO CARRY YOUR COUNTRY’S FLAG WHILE YOU PROTEST THAT YOU DON’T GET ENOUGH RESPECT
• AND, IN MANY INSTANCES, YOU CAN VOTE.
I JUST WANTED TO MAKE SURE I HAD A FIRM GRASP ON THE SITUATION

Posted by: ReflectionofLyfe | August 5, 2010 5:11 PM | Report abuse

In their letter, did the ACLU site any Virginia law that states that a police officer cannot ask immigration status?

Posted by: JackESpratt | August 5, 2010 5:13 PM | Report abuse

Illegal immigrants send dollars to Mexico and Mexico sends them back into the country by giving them to ACLU to sue various states and threaten citizens who would rather this country not become just like Mexico.

Posted by: HoosierMom | August 5, 2010 5:23 PM | Report abuse

this is all about Politics its sad they use Human been to Popular Virginia is for Lovers I have live here all my life and I see all types of people we have never been like Arizona Crime doesn't have color or race so don't blame a whole comunity for some else action,I agree if you commint a crime send them back but don't our freedom taken away born hispanic are second class citizen// what are the Republic are doing why that hate towars Immigrants most of us are hard working people and the economic is bad because Bush who was a Republican Don't blame the immigrants, I trust virginia to make the right desition I can't say that about Arizona The STATE OF EXTREME

Posted by: jcenteno600 | August 5, 2010 6:56 PM | Report abuse

this is all about Politics its sad they use Human been to Popular Virginia is for Lovers I have live here all my life and I see all types of people we have never been like Arizona Crime doesn't have color or race so don't blame a whole comunity for some else action,I agree if you commint a crime send them back but don't our freedom taken away born hispanic are second class citizen// what are the Republic are doing why that hate towars Immigrants most of us are hard working people and the economic is bad because Bush who was a Republican Don't blame the immigrants, I trust virginia to make the right desition I can't say that about Arizona The STATE OF EXTREME

Posted by: jcenteno600 | August 5, 2010 6:57 PM | Report abuse

this is all about Politics its sad they use Human been to Popular Virginia is for Lovers I have live here all my life and I see all types of people we have never been like Arizona Crime doesn't have color or race so don't blame a whole comunity for some else action,I agree if you commint a crime send them back but don't Let them take our freedom ..born hispanic are not second class citizen// what are the Republic are doing why that hate towars Immigrants most of us are hard working people and the economic is bad because Bush who was a Republican Don't blame the immigrants, I trust virginia to make the right desition I can't say that about Arizona The STATE OF EXTREME

Posted by: jcenteno600 | August 5, 2010 6:58 PM | Report abuse

Ol' Ken better watch out...La Raza will get him in their sights and try and target Virginia with a boycott.

Posted by: ANCLvr | August 5, 2010 7:06 PM | Report abuse

Virginia is for lovers is not even close to Arizona the state of extreme, this is all politics about the republicans trying to get the power again using people to boost their Votes so they think, why the republicans wants to make immigrants A second Class Citizen what give them that right yes Deport Illegals but make a whole comunity guilty for some else crime,,Crime doesn't have color or Race

Posted by: jcenteno600 | August 5, 2010 7:21 PM | Report abuse

Oh, my gosh. The ACLU issued a warning. Ewwwww, I'm so scared.

Posted by: hofbrauhausde | August 5, 2010 7:38 PM | Report abuse

Carlos Montana was the illegal who got drunk and plowed into a nun. I hope his brother gets even more drunk and runs into Rebecca Glenberg.

Posted by: hofbrauhausde | August 5, 2010 7:42 PM | Report abuse

VAtrailerTrash, the ACLU is out there everyday protecting the rights of all Americans.

======================

...unless the Americans are nuns in the path of a drunk illegal.

Posted by: hofbrauhausde | August 5, 2010 7:44 PM | Report abuse

This Kumar character is very funny indeed. Hey Kumar, how's Creigh Deeds making out these days?

Posted by: wewintheylose | August 5, 2010 7:45 PM | Report abuse


THESE ARE THE ONLY FACTS

youtube.com/watch?v=7Lxx1FZNCu0&feature=related

www.immigrationpolicy.org/just-facts/economic-and-political-power-immigrants-latinos-and-asians-all-50-states

www.immigrationpolicy.org/just-facts/new-fbi-data-confirms-falling-crime-rates-arizona

www.elpasotimes.com/juarez/ci_15425614

www.azfamily.com/video/localn...ml?nvid=369691

Posted by: Max9010 | August 5, 2010 9:39 PM | Report abuse

the ACLU is not protecting the rights of American citizens. If they were, they would be behind the movement to rid this country of illegal aliens. Illegals are not immigrants and therefore have no rights to protect. They should be deported within days of arrest and a bill sent to their country of origin.

Posted by: ex-Navy | August 5, 2010 10:05 PM | Report abuse

"The ACLU says inquiries about immigration status are likely to lead to racial profiling and mistrust of police in immigrant communities"

The ACLU should tell the illegals to go home - as in quit breaking our laws; then they wouldn't be potential victims of racial profiling in any state in the US. A potential problem so simply prevented.

Posted by: tnvret | August 5, 2010 10:23 PM | Report abuse

The ACLU letter sounds just like the cr*p that comes from CASA De Maryland, La Raza, and MALDEF. The Attorney General knows that he can drop it directly in the trash can, as the legal theory behind it is hopelessly flawed.

Posted by: postisarag | August 5, 2010 11:39 PM | Report abuse

ReflectionofLyfe, you must be one of those who loves to scare the crap out of people. Which state provides illegal aliens with:
• A JOB
State employment agencies or commissions can only help legal residents find employment. Illegals don't have access to these state operated agencies.
• A DRIVERS LICENSE
If an illegal alien has a driver's license from a Mexican state, he can drive a car in the U.S. Same way that an American can drive his car in Mexico with a U.S. driver's license.
• SOCIAL SECURITY CARD
The feds cannot issue an illegal alien a social security card.
• WELFARE
No Governor or state legislature has approved legislation to lawfully assist illegal aliens with welfare program benefits.
• FOOD STAMPS
Same as above.
• CREDIT CARDS
Call up Visa, Mastercard, or the other credit card companies and ask them if they sell credit cards in other countries.
• SUBSIDIZED RENT OR A LOAN TO BUY A HOUSE
Same as welfare programs above.
• FREE EDUCATION
Most school districts operate from taxes collected from property owners within their school districts. Illegal aliens who rent apartments, homes, indirectly pay property taxes to the owners. The owners pay the school tax regardless if he rents his property or not.
• FREE HEALTH CARE
Specifically, list the doctors or hospitals that give free health care. Betcha you can list more than 1 in either.
• A LOBBYIST IN WASHINGTON
Where would illegals get money to pay a lobbyist? Be real!
• BILLIONS OF DOLLARS WORTH OF PUBLIC DOCUMENTS PRINTED IN YOUR LANGUAGE
Bilingual documents are not for illegal aliens! They are for legal residents!
• THE RIGHT TO CARRY YOUR COUNTRY’S FLAG WHILE YOU PROTEST THAT YOU DON’T GET ENOUGH RESPECT
The right to carry a foreign country's flag is not against the rule of law! Cite the law.
The ACLU represented the American Nazi Party in Chicago against efforts to abridge their right to protest and expound their opinions on social programs. The ACLU won the case and the Nazis were able to protest, march, and expound distasteful opinions of American policies and laws. Like it or not, that's how the constitution works. Long live America.
• AND, IN MANY INSTANCES, YOU CAN VOTE
For years Republicans send out their SS Troopers to minority voting precincts to prevent aliens from voting. Just how many have they caught and prosecuted - zero!

You mention the immigration policies of N.Korea, Iran, Afghanistan, Saudi Arabia, Chinese, Venezuela, and Cuba, when all you had to say is "Arizona SB 1070" if you wanted to compare immigration policies.
This would have insured you HAD A FIRM GRASP ON THE SITUATION.

Posted by: TelesforoSanAnto | August 6, 2010 1:48 AM | Report abuse

To address some of TelesforoSanAnto questions:
Which state provides illegal aliens with:
• A JOB
Some states that have "illegal" job agencies for illegal immigrants are New York, California, Texas, Washington, Nevada and clearly Arizona. In Arizona, if illegals dont get a job they can open their own business.
• A DRIVERS LICENSE
Washington: all you need is a foreign passport with an expired visa and a utility bill which is easy to get if you get a friend in the state.
California and Florida.
• SOCIAL SECURITY CARD
You can purchase one in Jackson Heights in NY for a nominal fee. And you can get even work at the JFK airport with that social security card.
• WELFARE
See my answer about social security card.
• FOOD STAMPS
Same as above.
• CREDIT CARDS
New York until very recently but if you have friends in the bank that is not a problem.
• SUBSIDIZED RENT OR A LOAN TO BUY A HOUSE
First get your social security in Jackson Heights, then get a job, then a credit card then applying for a mortgage is a piece of cake.
• FREE EDUCATION
Education is free for all kids regardless of status.
• FREE HEALTH CARE
Some of well known NY hospitals will charge you only $20 dollars for any service as long as you are illegal. If you are legal then expect a fat bill at home within few weeks.
• A LOBBYIST IN WASHINGTON
Dont know about this one.
• BILLIONS OF DOLLARS WORTH OF PUBLIC DOCUMENTS PRINTED IN YOUR LANGUAGE
mmm tough one... it is 50/50
• THE RIGHT TO CARRY YOUR COUNTRY’S FLAG WHILE YOU PROTEST THAT YOU DON’T GET ENOUGH RESPECT
This is kind of unique to US...
• AND, IN MANY INSTANCES, YOU CAN VOTE
If you purchased the right social security then yes you can otherwise no :)

Posted by: c111231 | August 6, 2010 3:19 AM | Report abuse

I don't understand why the ACLU is defending people who are not citizens of the USA. I guess by "American" civil liberties union they mean ALL Amercians -- south, central, and north Americans. What a joke.

Posted by: slydell | August 6, 2010 6:27 AM | Report abuse

Yeah, says DWURTMAN, get ready for a fight, by which he means he'll write even sillier posts wherever allowed. To get really tough, he may even post on Facebook or Twitter. That's really fighting. Or the final blow vs ACLU: he may make sweeping generalisations like C111231 and VATRAILERTRASH. "AND IN MANY CASES (none cited)..., but we know that All illegal immigrants are criminals.

Posted by: caesarganz | August 6, 2010 6:47 AM | Report abuse

ReflectionofLyfe, I guess you would prefer to live in North Korea?

Posted by: johng1 | August 6, 2010 7:16 AM | Report abuse

VAtrailerTrash, ... well your name says it all. It may be you actually deserve your attorney general.

Posted by: johng1 | August 6, 2010 7:20 AM | Report abuse

"The attorney general is the highest ranking law enforcement official in Virginia..."
and yet this man is a boob.
he ordered virginia universities to stop protecting gays from discrimination, he has several lawsuits against the federal government going (showing he has no respect for the highest ranking law enforcement officials in the COUNTRY), he is a showboater trying to make a name for himself with the rightwing lunitic fringe.
he has a running vendentta against a scientist who's only crime was proving cuccinelli and his ilk wrong.

cuccinelli is a moron.

Posted by: MarilynManson | August 6, 2010 8:36 AM | Report abuse

Virginia is not bound by a federal-district-court ruling from Arizona.

Posted by: OlMcCreedy | August 6, 2010 12:50 PM | Report abuse

The ACLU's behavior has led the overwhelming majority of Americans to distrust and fear them and any of their running dog lackeys.

After having fostered an atmosphere of trepidation that led ICE to just turn loose a particularly dangerous illegal alien who ended up murdering a nun, they've got a lot of nerve criticizing anyone else.

The ACLU has the blood of nuns, nuses, infants and the elderly on its hands.

I wish they'd just go away and man up to their sins with a serious bout of seppuku.

Posted by: muawiyah | August 6, 2010 1:37 PM | Report abuse

Third time this illegal was caught he was dui and shot the police officer... twice previously he was to be deported. The police need all the tools to do their jobs safely.
http://tinyurl.com/2fzlesz

Posted by: BruceFairfax | August 7, 2010 1:30 PM | Report abuse

"The ACLU says inquiries about immigration status are likely to lead to racial profiling and mistrust of police in immigrant communities........."

So, can't they avoid by racial profiling by asking EVERY person they stop about their immigration status? This has become an artificial mantra of the proponents of illegals. We have to establish priorities and right now it is more important to get these people out of country than to worry about hurt feelings.

Posted by: jp31901cg | August 7, 2010 2:54 PM | Report abuse

What gets me is why does the ACLU get to threaten a police department for doing their job? Just who put the ACLU in charge anyway?
I sure never heard of that organization being voted in as part of congress. In other words if any state or town trying to stop themselves from going bankrupt because of the load the illegal invaders puts on the services it provides for its legal citizens, are are not allowed to pass any voter approved laws because of threats by the ACLU of a lawsuit I think this organization needs to be investigated,
this stinks to high heaven. In other words the ACLU is holding the states hostage and ordering them to do as the ACLU says or else.

Posted by: oddieferret | August 9, 2010 8:50 PM | Report abuse

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