Immigration matters // by David B. PalinskyVA AG: Virginia park rangers authorized to enforce federal immigration laws
Virginia Attorney General finds that although the state park rangers who work for the Department of Conservation and Recreation do not have the authority, generally granted to police officers, to prevent and detect crime, apprehend criminals, safeguard life and property, preserve peace, or enforce state and local laws, regulations and ordinances — they do have the authority to make arrests for perceived violations of federal immigration law
In an “Advisory Opinion” solicited by Robert G. Marshall, a member of the Virginia House of Delegates, Kenneth T. Cuccinnelli II, the Attorney General of the Commonwealth of Virginia, indicated that Virginia “Park Rangers” have the authority to enforce federal immigration laws. (Op. Va. Att’y Gen. 10-047).
Cuccinnelli opined that although “the authority conferred on the Director of the Department of Conservation and Recreation does not include the general authority granted to police officers to prevent and detect crime, apprehend criminals, safeguard life and property, preserve peace, or to enforce state and local laws, regulations and ordinances … [n]othing in Virginia or United States law prohibits conservation officers from inquiring about criminal violations of the immigration laws and, where appropriate, making an arrest.” Therefore, in Cuccinnelli’s opinion, though Virginia “Park Rangers” do not have the authority to prevent and detect crime, safeguard life and property, or to enforce state or local laws, they do have the authority to make arrests for perceived violations of federal immigration law.
On the contrary, Cellinnelli found that, “[l]ocal zoning officials, however, are not vested with the same general authority to investigate and enforce violations of the criminal (immigration) laws.”
David Palinsky, Homeland Security NewsWire’s legal analyst, is an attorney specializing in immigration cases involving employment-based immigration related to the homeland security, hi-tech, and services sectors
