DOJ sues Virginia over anti-ICE policies as key anti-terror tool nears expiration
The Department of Justice launches a lawsuit against Virginia concerning new anti-ICE policies, including a controversial mask ban for federal agents. Acting AG Todd Blanche argues these laws jeopardize federal officers. Concurrently, a major anti-terrorism tool, FISA, faces expiration tonight due to congressional inaction, raising national security concerns. Shannon Bream and Jim Jordan analyze the political stalemate and potential consequences.
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A federal judge on Thursday temporarily blocked Philadelphia from enforcing against federal officers a law that restricted law enforcement officers’ use of masks, concealed identification and unmarked vehicles.
U.S. District Judge Chad Kenney, issued a preliminary injunction blocking Philadelphia from enforcing the mask ban and other restrictions against federal officers before they are set to take effect on Tuesday.
The judge ruled that the city cannot determine how federal officers conduct operations, siding with the Justice Department, which sued last month and argued the measure was a “blatantly unconstitutional” attempt to regulate federal agents.
“When the Philadelphia City Council voted to pass Bill No. 260060 … it attempted to sidestep the Constitution’s clear mandate and disregarded this fundamental principle of law that has informed American jurisprudence for over 200 years,” Kenney wrote, citing the Constitution’s Supremacy Clause, which establishes that federal law preempts state and local law in cases of conflict.
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A federal judge temporarily blocked a Philadelphia law that prohibited federal officers from wearing masks on duty. (Victor J. Blue/Bloomberg via Getty Images)
“Endorsing the City of Philadelphia’s position would mean … municipalities could decide whether to pass their own laws regulating how, when, where, and whether federal law enforcement officers can conceal their identities,” he added.
Philadelphia’s mask ban against federal officers was approved earlier this year as part of a larger legislative package passed by the City Council amid a national debate over masked immigration agents carrying out raids targeting migrants in communities across the country, with some of these agents documented shooting people, including two U.S. citizens in Minneapolis in January.
The measure applied to local, state and federal law enforcement officers, but Thursday’s injunction blocked Philadelphia from enforcing it against federal officers. The statute would ban covered officers from wearing masks or shielding their identities while on duty and interacting with the public, with exceptions including medical masks, religious coverings, certain tactical equipment and hazardous conditions. They would also be required to wear visible badges and use marked vehicles in certain circumstances.
The statute would ban federal officers from wearing masks or shielding their identities. They would also be required to wear visible badges and use marked vehicles.
Officers could be subject to civil and criminal penalties under the ordinance.
“This type of direct regulation of the federal government by a municipality is blatantly impermissible,” Kenney wrote.
Philadelphia Mayor Cherelle Parker, a Democrat, declined to sign the bill, saying the city solicitor’s office informed her it presented significant legal problems.
The judge ruled that the city cannot determine how federal officers conduct operations. (Getty Images)
Kenney wrote that Parker “acted with civic wisdom and courage to stand up for the Constitution and follow the rule of law where it led” by not signing the measure.
But the bill was not vetoed and became law in May after Parker allowed it to take effect without her signature.
Digital reached out to the city for comment on Thursday’s ruling.
In a statement to Reuters, the Justice Department praised the court’s ruling and said the department “will keep fighting jurisdictions that try to obstruct President Trump’s immigration enforcement with policies that endanger agents and public safety.”
Digital reached out to the Justice Department for comment.
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The Justice Department sued argued the measure was a “blatantly unconstitutional” attempt to regulate federal agents. (AP Photo/Ryan Murphy, File)
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This is just the latest in ongoing legal fights between the Trump administration and state and local governments that have attempted to adopt mask bans or identification requirements affecting federal officers.
On Tuesday, a federal judge blocked a new law in Virginia barring federal law enforcement from wearing masks.
In February, a federal judge halted a California law that prohibited federal officers from wearing masks while on duty.
The Justice Department also sued New Jersey to block a similar mask ban targeting federal officers.
Reuters contributed to this report.
