Justice Department Sues Virginia to Block Laws Requiring Federal Immigration Agents to Show ID and Bar Masks

U.S. Department of Justice filed a lawsuit last week against Virginia to stop two state laws from taking effect on July 1 that restrict federal immigration agents from wearing facial coverings and require them to display identification badges. The suit also targets a third provision that limits cooperation agreements between local law enforcement agencies and ICE.

DOJ Assistant Attorney General for the Civil Division Brett Shumate said the department is seeking an injunction in Virginia district court before the laws become active. Shumate stated the lawsuit argues that Virginia is violating the Constitution by attempting to regulate federal law enforcement operations.

"Under our Constitution, the states do not get to regulate or dictate how the federal government performs its duties, and that is especially the case when it comes to law enforcement," he said.

The complaint names Virginia Attorney General Jay Jones and Fairfax County Commonwealth Attorney Steve Descano as defendants. The laws include criminal penalties for violations. Shumate said the department is asserting the same legal theory used in a nearly identical case against California earlier this year.

In April, a federal appeals court blocked California from requiring federal immigration agents to display identification during operations. "Under the Constitution, the Supremacy Clause in particular, the states do not get to regulate or discriminate against the federal government," Shumate said. "That's exactly what Virginia has done.

They have attempted to regulate how the federal goes about its business. " The DOJ is examining similar mask-restriction bills under consideration in other states. Shumate said any state considering such legislation is on notice that the department will file suit and seek an injunction.