Virginia Attorney General Ken Cuccinelli’s office said parts of a proposed statewide immigration law proposed by Prince William County Supervisor Corey Stewart are redundant or unconstitutional. One provision of the proposed law — allowing police to make a “reasonable inquiry” into the immigration status of someone they arrest if there is reasonable suspicion the person is not in the country legally — is unnecessary, according to an analysis by the Public Safety and Enforcement Division of Cuccinelli’s office.
The memo cites a legal opinion Cuccinelli issued in a July ruling that an inquiry into someone’s immigration status is already permitted as long as it does not prolong a lawful detention.
Cuccinelli’s office also took exception to a provision in Stewart’s bill that could fine anyone who prevented police from enforcing federal immigration laws, with revenue from the fine being funneled into law enforcement activities. That violates the state constitution, which requires such revenues to go to the state literary fund, according to the memo.
Stewart’s proposal also refers to a “Superior Court,” but, as the attorney general’s office notes, Virginia has no such court. The measure also creates several new felonies that need further study, the analysis said.
Stewart could not be reached for comment Wednesday.
The measure Stewart wants to see enacted statewide is similar to a tough immigration law enacted by Arizona and adopted already by Prince William County.
In the memo, Cuccinelli’s office cites frustration among law enforcement and the public over the federal government’s purported failure to enforce existing immigration laws. But “we must recognize that the framework created by the Constitution gives the federal government primacy in regulating immigration,” it reads. “In short, we recommend that any legislation on these topics be narrowly tailored to address specific items not covered under state or federal law.”
Cuccinelli issued the analysis at the request of another Prince William official, Republican Del. Scott Lingamfelter, who called the request “routine stuff.”
“Virginians want to deal with this issue, and legislators like myself want to make sure it’s done right,” Lingamfelter said. “I think it was a very clear and incisive analysis.”
