Virginia, one of nearly 20 states toying with the idea of an Arizona-style immigration law, hurtled onto the national radar screen this week after Attorney General Ken Cuccinelli ruled that police can ask people about their immigration status during routine stops.
Arizona went astray by requiring law enforcement officers to ask about immigration status. Cuccinelli describes Virginia's policy as discretionary.
"Unlike Arizona, you wouldn't say every time you stop somebody, do this," Marshall said. "I think that was one of the reasons the Arizona law was (blocked)." Marshall said he's confident Virginia's policy would be held up in court if challenged.
Cuccinelli also cited that difference as a key distinction between the two laws.
http://www.foxnews.com/politics/2010/08/03/virginia-arizona-state-lawmakers-fuel-immigration-debate/