Four States Limit Undercover License Plates to Criminal Investigations, Prompting Justice Department Lawsuit

The Department of Justice filed lawsuits against Maine, Massachusetts, Oregon and Washington on May 27, 2026, alleging that the states' refusal to issue undercover license plates to federal immigration agents is discriminatory. The complaints state that undercover plates cannot be easily tied back to federal agencies through records requests or other means and that such plates are explicitly authorized under each state's laws.

The suits claim that denying plates to some law enforcement agencies while issuing them to others violates the Supremacy Clause.

The Department of Justice sent letters to the four states on May 12 requesting they reverse their policies. DOJ Civil Division Assistant Attorney General Brett Shumate gave the states until May 22 to provide the plates. Acting Attorney General Todd Blanche stated that the Department of Justice will exercise any and all lawful authorities to support law enforcement.

He added that by denying undercover plates to DHS components including ICE while issuing them to state agencies, the governors are pursuing discriminatory and obstructionist policies against federal law enforcement. Massachusetts issues confidential plates to certain federal agencies including the FBI, DEA and ATF when there is a qualifying need for criminal investigative work.

Agencies that deal in civil enforcement activities are not eligible.

Massachusetts Gov. Maura Healey stated that her administration supports legitimate criminal investigative work but will not use state resources to help ICE operate in secret without accountability. An official in the Massachusetts governor’s office stated that the commonwealth issues undercover plates to federal agents only if they are investigating criminal offenses.

Maine and Washington decline to provide undercover plates for civil immigration investigations. Washington Gov. Bob Ferguson stated that the state will not facilitate what judges have found to be unconstitutional tactics in civil immigration enforcement.

He added that the state voluntarily provides hundreds of undercover plates every year for criminal investigations. Oregon placed a general moratorium on issuing undercover plates to federal agents. Kevin Glenn, spokesperson for Oregon Gov.

Tina Kotek, stated that state and local law enforcement are unaffected by this pause and that federal agencies can continue to use their existing unexpired plates. A spokesman for the Oregon governor’s office stated that Gov. Tina Kotek is waiting for the state’s Department of Motor Vehicles to conduct a review of its undercover plate policy.

Maine Secretary of State Shenna Bellows accused ICE of trying to become some sort of secret police. She stated that ICE should not have undercover license plates so they can seize people off the streets and spirit them away without consequences. The Maine governor’s office did not respond to a request for comment.

USA Today reported that two people, Alex Pretti and Renee Good, were killed in Minnesota during immigration enforcement activities earlier in 2026. The DOJ complaints allege that some states have tried to obstruct the Federal Government’s immigration enforcement efforts since President Donald Trump retook the White House in January 2025.