A handful of Virginia lawmakers may be positioning their state to be the next battleground in the immigration debate.
Virginia, one of nearly 20 states toying with the idea of an Arizona-style immigration law, hurtled onto the national radar screen this week after Attorney General Ken Cuccinelli ruled that police can ask people about their immigration status during routine stops.
While a northern Virginia county has been at the forefront of the push for stricter local immigration laws for three years, none of this activity has prompted the kind of nationwide backlash -- in the form of boycotts and a federal government lawsuit -- that Arizona triggered with its law in April. Those behind the Virginia proposals, including a proposed statewide law, are hoping their state can avoid the kind of public relations and legal pitfalls that have, at least temporarily, ensnared Arizona.
"This is good policy. ... It's both constitutional and prudent," said Robert Marshall, the Republican state delegate who originally requested the ruling from Cuccinelli, who is also a Republican. "Our actions here can't be dismissed."
Marshall told FoxNews.com he has asked Republican Gov. Bob McDonnell to issue an executive order codifying what Cuccinelli wrote. He expressed doubt that any single piece of legislation will pass through the state Senate, but he suggested a carefully worded directive could help shape the national debate.
He said Arizona went astray by requiring law enforcement officers to ask about immigration status. Cuccinelli describes Virginia's policy as discretionary.
"Unlike Arizona, you wouldn't say every time you stop somebody, do this," Marshall said. "I think that was one of the reasons the Arizona law was (blocked)." Marshall said he's confident Virginia's policy would be held up in court if challenged.
Cuccinelli also cited that difference as a key distinction between the two laws.
"The difference, of course, is that the Arizona law enforcement officer is going to be under the cloud of the requirement of that statute," he said. "But the way we operate it here, we're in good shape."
A spokesman for Arizona Gov. Jan Brewer said the governor is reviewing her state's law to see if it can be refined in light of the court decision blocking key parts of it, but was not sure whether she was considering the possibility of making immigration checks discretionary as opposed to mandatory.
Though Cuccinelli's ruling drew widespread attention, it's unclear how much direct impact it will have on Virginia law enforcement.
Virginia Senate Majority Leader Richard Saslaw, a Democrat, said most police forces won't change their policies in light of the opinion.
"Is it going to affect a single thing? The answer is no," he said. "A majority of the police forces won't bother with it."
Saslaw noted that per Cuccinelli's opinion, state officers are still advised against arresting anyone for a civil immigration offense. Saslaw said he doesn't see Virginia, a non-border state, becoming a focal point of the immigration debate any time soon, and he rejected the idea that McDonnell could issue an order codifying Cuccinelli's ruling.
http://www.foxnews.com/politics/2010/08/03/virginia-arizona-state-lawmakers-fuel-immigration-debate/
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