Justice Department Orders States to Issue Undercover License Plates to Federal Agents

The Justice Department has ordered sanctuary states to halt policies that block or restrict the issuance of undercover license plates to Department of Homeland Security agents. Federal officials work with states to provide such plates so that agents conducting operations can protect their identities, which would be compromised by using standard U.S. Government plates.

On Thursday, Deputy Assistant Attorney General Brett Shumate sent a letter to Washington Attorney General Nicholas Brown stating that the Washington Department of Licensing is refusing to issue the plates to DHS while continuing the practice for local and state police.

Shumate wrote that the policy violates the Supremacy Clause of the Constitution. "This discriminatory policy is not only deeply dangerous as a matter of public safety but also blatantly unlawful as a matter of constitutional law," Shumate stated in the letter.

Shumate said the policy undermines investigations and places law enforcement officers at risk of harm while pursuing terrorists, drug traffickers and fraudsters. Suspects could be alerted to an officer's presence and flee, destroy evidence or take countermeasures to avoid arrest, making arrests more dangerous for officers and the general public, he added.

The letter gave Brown until May 22 to prove compliance or risk further litigation.

Oregon and Massachusetts are also under review by the Justice Department on the same issue. Earlier this year one state announced it would pause granting DHS officers undercover plates after reports of targeted enforcement operations there. Officials in that state said existing plates would not be revoked but future issuance would stop.

The federal government has long coordinated with states on the undercover plate program to support law enforcement operations. States that participate issue the plates through their departments of motor vehicles or licensing agencies. Fox News Digital reached out to Brown and the Justice Department for comment.