Virginia Attorney General Ken Cuccinelli has issued an advisory opinion concerning
whether Virginia law enforcement officers, under present state law, may conduct investigations into the immigration status of persons stopped or arrested by law enforcement and, specifically, whether Virginia officials presently have the same authority as Arizona officers under a recently enacted Arizona statute, and, further, whether that authority extends to Virginia state park personnel and local zoning officials.
Cuccinelli responded to a formal request from a Virginia state senator. He concludes:
It is my opinion that Virginia law enforcement officers, including conservation officers, may, like Arizona police officers, inquire into the immigration status of persons stopped or arrested; however, persons tasked with enforcing zoning laws lack the authority to investigate criminal violations of the law, including criminal violations ofthe immigration laws of the United States.