DOJ sues Virginia over anti-ICE policies as key anti-terror tool nears expiration
The Department of Justice launched 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 Tuesday blocked Virginia from enforcing a new law that would prohibit federal agents — U.S. Immigration and Customs Enforcement (ICE) and Border Patrol — from wearing masks while carrying out enforcement operations, siding with the Trump administration in a dispute over federal authority.
Senior U.S. District Judge Robert E. Payne granted the Department of Justice’s (DOJ) request for a preliminary injunction, preventing the law from taking effect Wednesday while the legal challenge proceeds. The injunction will remain in place while the case is litigated.
Payne found the federal government is likely to succeed on the merits because Virginia’s law attempts to regulate how federal officers enforce immigration laws, violating the Constitution’s Supremacy Clause.
MINNESOTA SENATE VOTES TO BAN ICE FROM WEARING MASKS, ALLOW RESIDENTS TO SUE FOR CONSTITUTIONAL VIOLATIONS
Masked federal agents are confronted by anti-ICE agitators. (Getty Images, File)
The judge also found the government demonstrated it would likely suffer irreparable harm because enforcing the law could expose federal employees to “real risk of physical harm” while carrying out immigration enforcement duties.
The ruling stems from a lawsuit the DOJ filed last week challenging two laws signed by Democrat Virginia Gov. Abigail Spanberger.
The DOJ argued the measures would subject masked federal agents to criminal penalties and threaten agreements between federal immigration authorities and local law enforcement.
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“Law enforcement officers risk their lives every day to keep Americans safe, and they do not deserve to be doxed or harassed simply for carrying out their duties,” Acting Attorney General Todd Blanche said when the lawsuit was filed.
“Virginia’s anti-law enforcement policies regulate the federal government and are designed to create risk for our agents,” he added. “These laws cannot stand.”
The lawsuit argued Virginia was attempting to dictate how federal officers carry out law enforcement operations by restricting when they may wear face coverings, requiring them to display identifying information and placing conditions on cooperation agreements between local agencies and ICE.
MINNESOTA SENATE VOTES TO BAN ICE FROM WEARING MASKS, ALLOW RESIDENTS TO SUE FOR CONSTITUTIONAL VIOLATIONS
Virginia Gov. Abigail Spanberger has ended agreements between state law enforcement agencies and federal immigration authorities. (Marvin Joseph/The Washington Post via Getty Images, File)
According to the DOJ, federal officers who violated Virginia’s mask and identification law could have faced a Class 1 misdemeanor punishable by up to 12 months in jail, a fine of up to $2,500, or both.
The lawsuit names Virginia Attorney General Jay Jones and Fairfax County Commonwealth’s Attorney Steve Descano as defendants.
Payne’s order applies only to Virginia’s mask and identity law. The judge noted the Justice Department’s separate challenge to another provision governing immigration enforcement agreements will proceed on a different briefing schedule, with a hearing scheduled for Aug. 3.
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Spanberger, Jones and Descano have all taken steps to counter the Trump administration’s ICE agenda in Virginia.
In February, Spanberger rescinded an executive order issued by former Virginia Gov. Glenn Youngkin directing state law enforcement agencies to cooperate with federal immigration authorities.
Digital has reached out to Spanberger’s office for comment on the development.
Digital’s Ashley J. DiMella contributed to this report.
