The Department of Justice (DOJ) initiated a lawsuit against Virginia, challenging new anti-Immigration and Customs Enforcement (ICE) policies. This action includes opposition to a contentious law banning federal agents from wearing masks. Acting Attorney General Todd Blanche contends these laws endanger federal officers. Meanwhile, the expiration of the Foreign Intelligence Surveillance Act (FISA), a significant anti-terrorism tool, looms due to congressional inaction, prompting security concerns.
On Tuesday, a federal judge issued a preliminary injunction against Virginia, preventing enforcement of the new law. Senior U.S. District Judge Robert E. Payne sided with the Trump administration, asserting Virginia’s legislation attempts to regulate federal immigration enforcement, violating the Constitution’s Supremacy Clause.
“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,” stated Acting Attorney General Todd Blanche.
The judge determined the federal government is likely to succeed in the case. Enforcing Virginia’s law could endanger federal agents by exposing them to potential harm during their duties. The DOJ argues against two laws signed by Democrat Virginia Governor Abigail Spanberger. These laws may subject masked federal agents to criminal penalties and jeopardize agreements between ICE and local law enforcement.
Virginia Attorney General Jay Jones and Fairfax County Commonwealth’s Attorney Steve Descano are named in the lawsuit. According to the DOJ, federal officers infringing Virginia’s law could face Class 1 misdemeanors, with penalties including up to 12 months in jail or a fine of up to $2,500.
Judge Payne’s order pertains solely to Virginia’s mask and identity law. A separate legal challenge regarding other provisions on immigration enforcement agreements will follow a different schedule, with a hearing set for August 3.
Governor Spanberger, Attorney General Jones, and Commonwealth’s Attorney Descano have acted to oppose the Trump administration’s ICE initiatives in Virginia. In February, Spanberger repealed an executive order from former Virginia Governor Glenn Youngkin, which mandated state law enforcement cooperation with federal immigration authorities.