The Justice Department filed a lawsuit Thursday against Virginia, challenging two new state laws that would ban federal law enforcement officers from wearing masks on duty and effectively dismantle local immigration enforcement partnerships across the state.
The lawsuit names Democratic Gov. Abigail Spanberger’s administration, Virginia Attorney General Jay Jones, and Fairfax County Commonwealth Attorney Steve Descano as defendants.
At issue are two Virginia laws scheduled to take effect July 1. The first, Virginia Code Section 19.2-83.6:1, prohibits law enforcement officers, including federal agents, from wearing facial coverings while on duty and requires them to display visible identifying information. The second, Section 15.2-1726.1, imposes state-mandated conditions on federal immigration enforcement agreements, functionally blocking local agencies from maintaining so-called 287(g) cooperative agreements with federal immigration authorities.
Under 287(g) agreements, local law enforcement agencies work alongside ICE on immigration enforcement. Virginia’s law would bar those partnerships unless the federal government accepts conditions set by the state.
Federal officers who violate the mask and identification law face a Class 1 misdemeanor under Virginia law, punishable by up to 12 months in jail, a fine of up to $2,500, or both.
“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 Thursday. “Virginia’s anti-law enforcement policies regulate the federal government and are designed to create risk for our agents. These laws cannot stand.”
The DOJ argues both statutes violate the Constitution’s Supremacy Clause by attempting to dictate how federal officers conduct operations. The complaint also contends that the threat of state criminal prosecution chills federal enforcement and compromises sensitive operations, particularly as ICE agents have faced harassment, doxing, and physical confrontations near immigration detention facilities.
“Governor Spanberger cannot tell federal officers how to do their job,” said Associate Attorney General Stanley Woodward. “She certainly cannot prohibit them from ensuring their own safety in conducting federal law enforcement operations. Our suit today stops those unconstitutional efforts.”
The Justice Department is seeking a court order blocking both laws before they take effect. Acting AG Blanche has directed the DOJ’s Civil Division to identify and challenge state and local laws, policies, and practices that impede lawful federal operations.
