(CNN) — Virginia police officers can question stopped motorists about their immigration status, the state’s attorney general has said, adding fuel to a contentious debate over states’ immigration policies in the wake of a controversial law enacted in Arizona.

“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,” Attorney General Ken Cuccinelli writes in the opinion. “However, persons tasked with enforcing zoning laws lack the authority to investigate criminal violations of the law, including criminal violations of the immigration laws of the United States.”

In “any legitimate police stop” — for criminal or traffic reasons — “law enforcement is allowed to ask about other subjects,” Cuccinelli told CNN’s “American Morning” on Wednesday. “And our opinion addressed the fact that they can ask about illegal immigration, immigration status, along with anything else.”

Cuccinelli issued the opinion Friday at the request of Virginia Delegate Robert “Bob” Marshall, a Republican. He said he is obligated to issue such opinions when they are requested by lawmakers.

“This is an outrage, and citizens rightly want officials to do something,” Marshall told CNN affiliate WDBJ-TV in a report posted on his website. “Since Congress has taken this as a primary responsibility, they are primarily delinquent on this.”
He pointed to a fatal crash on Sunday, when a man believed to be under the influence of alcohol slammed head-on into a car carrying three nuns. Sister Denise Mosier was killed instantly and the other two were seriously injured. The three were a few miles from the Benedictine monastery in prescription drugs Bristow, Virginia, heading for their annual retreat.

The suspect, Carlos Montano, had two previous convictions for driving under the influence, as well as reckless driving, speeding and public drunkenness, according to Prince William County prosecutor Paul Ebert.

Immigration and Customs Enforcement officials confirmed Montano had twice been in their custody. Both times, he was released on his own recognizance pending deportation proceedings because he was not convicted of a violent felony. Homeland Security Secretary Janet Napolitano has ordered an immediate review of his deportation proceedings. Montano faces involuntary manslaughter charges in the crash.

http://edition.cnn.com/2010/US/08/04/virginia.immigration/#fbid=ye2cqL-RoKg&wom=false