Ignore the ACLU
By E M Barner | Friday, August 6th, 2010 | Policy
The Virginia ACLU says police officers should ignore Attorney General Cuccinelli’s opinion on immigration status inquiries.
In a letter sent yesterday to Virginia Sheriffs and Chiefs of Police, the Virginia ACLU advised law enforcement to “disregard” the attorney general’s opinion. They use fancy legal language to warn law enforcement that they are opening their jurisdictions up to a civil rights law suit if they ask anyone about their immigration status.
Reading the ACLU’s letter, you might be forgiven for thinking that the Attorney General had just created a new law out of thin air and mandated that police officers interrogate suspects regarding their immigration status. But, as Dana Schrad, executive director of the Virginia Association of the Chiefs of Police put it: “We have no mandate and we have no prohibition, so that does give us some leeway.”
So, really, what is it that the ACLU wants Virginia law enforcement to ignore? Well, they apparently want top level Virginia law enforcement to forestall any questions about legal status by officers and deputies. In essence, it is the ACLU, not Cuccinelli, that wants to pull new mandates on law enforcement out of thin air.
Cuccinelli says they are allowed to ask questions about immigration, just as they are allowed to ask me “where are you going in such a hurry” if they stop me for speeding. But I don’t have to answer the question and neither does a person questioned about their immigration status.
The ACLU says officers must not even ask – that would be a potential “equal-protection” violation.
What if law enforcement just ignores the ACLU?
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About the author
E M Barner, the blogger formerly known as DCH / De Civitate Hominis (“concerning the city of man”), writes from a Northern Virginia perspective. Barner has been active in Republican politics and policy since 1994 – as a grassroots volunteer, party leader, and professional.
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5 Responses to "Ignore the ACLU"
The police work for Cuccinelli and I wouldn’t want to mess with our “top cop”, and I haven’t seen the names “Rebecca Glenberg” or “Kent Willis” holding any elected state office.
Del. Bob Marshall has it right: “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.”
By quoting Bob Marshall at length you are really straining your powers of reason and argumentation!
Ok, not really.
Let’s further play the game exhibited in Marshall’s quote (i.e. exaggeration and innuendo): I cannot understand why police departments sworn to uphold the Constitution and laws of this country would use Cuccinelli’s opinion as cover to establish policies that give unfettered discretion to individual officers to engage in racial profiling. Cuccinelli’s position essentially puts overwhelming political pressure on hardworking cops to assume extra powers outside the core duties they are trained for, and thrusts them into difficult circumstances where they face undue risks of violating fundamental constitutional rights to equal protection of the laws.
The police should ignore the ACLU. If they call 911, tell them to dial a call center in Havana.
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“Ignore the ACLU” is indeed good advice.
Perhaps Mr. Willis could enlighten us on those “many” lawsuits filed against Prince William County in light of its actions.
Oh. That’s right. There were NONE!
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