Virginia versus the ACLU over police questioning of illegals

Note that a large part of the ACLU case is, as usual, social rather than legal: “It will also have an adverse effect on public safety as immigrants will be less likely to feel safe cooperating with law enforcement”.

Note also that the legal side of the ACLU argument is based on the equal protection clause of the Constitution. Strange that they have no objection to the most blatant breach there is of that clause: “Affirmative action”. What’s good for the goose is obviously not good for the gander

The ACLU of Virginia today urged law enforcement to ignore Attorney General Ken Cuccinelli’s opinion on their power to inquire about immigration status while opponents of illegal immigration pushed for more severe action.

Del. Robert G. Marshall, R-Prince William, who sought the opinion that Cuccinelli issued on July 30, sent a letter today to all Virginia sheriffs departments to encourage them “to do all that you can” using the powers described in the opinion to root out gangs.

The developments extended the contentious debate over illegal immigration that has seized the public discourse following Cuccinelli’s opinion that law enforcement in Virginia can ask about the immigration status of any person they stop or arrest if they have reason to suspect that the person violated a criminal immigration law.

Gov. Bob McDonnell, who agrees with Cuccinelli’s opinion, took to cable television today to talk about his push for federal approval for Virginia state police “to be cross trained as ICE agents so that we can do civil immigration enforcement” — not just criminal.

Stewart’s inquiry follows a car crash in Prince William County that killed a nun and critically injured two others. Carlos A. Martinelly Montano, a native of Bolivia and an illegal immigrant, is charged in the crash with third-offense driving under the influence, involuntary manslaughter and driving on a revoked license.

Today was filled with mixed messages to local law enforcement — from the ACLU of Virginia and from Marshall.

The ACLU of Virginia urged law enforcement to disregard Cuccinelli’s opinion, which is advisory and does not carry the force of law. The opinion, according to Rebecca K. Glenberg, legal director for ACLU of Virginia, does not give guidelines as to when it’s justified to ask questions about immigration status.

“Because most police officers have not been trained to enforce immigration law, allowing them to question individuals about immigration status is an invitation for racial profiling and potential Equal Protection violations,” she writes.

“It will also have an adverse effect on public safety as immigrants will be less likely to feel safe cooperating with law enforcement in reporting and responding to questions about crimes.”

Marshall said he “cannot understand” why the ACLU would encourage ignoring the opinion of the highest ranking law enforcement official in the state. “The ACLU’s position essentially allows alien terrorists and gang members to be untouchable in this country,” he said. “We cannot allow this to continue.” …

More here

Posted by John J. Ray (M.A.; Ph.D.). For a daily critique of Leftist activities, see DISSECTING LEFTISM. To keep up with attacks on free speech see TONGUE-TIED. Also, don’t forget your daily roundup of pro-environment but anti-Greenie news and commentary at GREENIE WATCH . Email me here

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Posted by JonJayRay on August 5, 2010 11:14 pm

» Filed Under 10th Amendment, ACLU, Fed Immigration Law, Hypocrisy/Situational Ethics, Illegal Aliens/Immigration, News, Social Engineering, State Government, State Sovereignty, States Rights, U.S. Constitution, liberalism, social parasites, terrorism, terrorist appeasement

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One Response to “Virginia versus the ACLU over police questioning of illegals”

  1. Brittanicus on August 7th, 2010 6:05 pm

    The Department of Justice has become a duplicate of the communist ACLU, an Un-American, un-patriotic and opponent of stopping illegal immigration. It is Time to UN-contaminate Washington in November and any mid-term elections forthcoming? The illegal immigration cease and desist ultimatum began when Scott Brown crushed Democrat, Massachusetts Attorney General Martha Coakley. This is warning to Liberal-Communist Democratic-Republican thinkers, who believe we should let the rest of the world into America, without punishment. Arizona State has been under great hardship as being the initial step by illegal aliens and criminals, before they branch out into every corner of the United States. California cities as many–Sanctuary Cities–throughout America are equally to blame for subsidizing illegal alien families. Arizona’s lawmakers under the direction of State Sen. Russell Pierce finally had no choice, but to try and impose immigration policies, because the federal government has been held back by powerful influences given campaign dollars; favors from corporate entities.

    Then outside the business community, is the dark side of large radical groups, led by the La Raza entity, a radical ethnocentrism organization. The ACLU has background of being pro-Communist since the 1920’s and will sue any small poor community in a backlash of any laws that severs local government in preventing illegal foreigners from renting apartments.No state has remained untouched in supporting monetarily illegal aliens and families as welfare is easily accessible through citizen-children born here under the 14th Amendment of the Constitution. According to FAIR, (Federation for American Immigration Reform) Illegal Immigration expenditures have reached $113 Billion annually as a Drain on U.S. Taxpayers,with a very large plus additional of $60 billion dollars earned by illegal aliens in the U.S. each year. This being Mexico’s largest revenue streams (after exports and oil sales) consists of money sent home by legal immigrants and illegal aliens working in America.

    With Americas rising jobless rate and Americas13 trillion dollar deficit, it is our duty to look after our poor citizens-residents first. We should not be welcoming another million a year into the workforce, unless they have credentials of the highest caliber. The Agrarian business owners must be held accountable, for every guest worker in his pay. He must be put on notice that he is responsible for health care and other services—NOT TAXPAYERS! We need rigid labor permits that allows foreign national to be employed with instructions, that there is no path to citizenship or–AMNESTY. If they desert their position picking crops, they must be deported. AMERICAN TAXPAYERS HAVE BECOME THE PAYEE FOR BUSINESS OWNERS.

    The Tea party, moderate conservatives, independents and even more empathetic Democrats have seen their rights given to them by their forefathers being eroded by the portentous shadow of Liberal progressives. The governing majority with Sen. Reid (D-NV) at the helm, demanding Amnesty for the 20 to 30 million aliens in our country must join a long list of other corrupt legislators to be removed. The tide has finally turned and the border must be sealed, against overpopulation. Sen. Harry Reid (D-NV) will be ejected first, as he abused his power to weaken E-Verify, federal local detainment law 287(g). On a state level many Democratic Senators and representatives will be joining Reid in the American workers jobless line. City governors such as mayors should join that party as well.

    Those who believe we can keep on accepting millions of people annually should read this repeated excerpt about a family of illegal immigrants described in the Spring 2005 Journal of American Physicians and Surgeons: Below is the consequences of the instant citizenship that has become a national plague in the last twenty years.

    “Cristobal Silverio came illegally from Oxtotilan, Mexico, in 1997 and brought his wife Felipa, plus three children aged 19, 12 and 8. Felipa … gave birth to a new daughter, her anchor baby, named Flor. Flor was premature, spent three months in the neonatal incubator, and cost San Joaquin Hospital more than $300,000. Meanwhile, (Felipa’s 19-year-old daughter) Lourdes plus her illegal alien husband produced their own anchor baby, Esmeralda. Grandma Felipa created a second anchor baby, Cristian. … The two Silverio anchor babies generate $1,000 per month in public welfare funding. Flor gets $600 per month for asthma. Healthy Cristian gets $400. Cristobal and Felipa last year earned $18,000 picking fruit. Flor and Cristian were paid $12,000 for being anchor babies.” This is of course Mexico, but other countries citizens are aware of this gaping hole, especially poor undeveloped countries. But for the price of an airline ticket, they can gain access to American hospitals and receive free natal treatment, as well as the baby born there where payment reverts to the taxpayer.

    CALL THE CAPITOL AT 202-224-3121 AND DO SOMETHING ABOUT IT?

    Closely scrutinize any new lawmaker relating to their platform on illegal immigration. The power of our vote can deny them access to Washington or State government. Demand they follow the “Rule of Law” People who comment should stand up to the plate and bombard their federal lawmakers at 202-224-3121 NumbersUSA has an immigration grading system showing who should not be reelected in Mid-Term elections.Facts, figures and other statistics at Immigration Counters.

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