Justice Department Sues States Over License Plate Issuance for ICE Agents

The Justice Department announced on Thursday that it has initiated legal action against four states—Maine, Massachusetts, Oregon, and Washington—over their refusal to provide ICE agents with masked license plates.

Assistant Attorney General Brett Shumate had previously set a deadline of May 22 for these states to comply with the request to supply undercover plates for immigration enforcement officers. The Justice Department claims that the states’ noncompliance constitutes unlawful discrimination against federal law enforcement, thus violating the Constitution’s Supremacy Clause.

This lawsuit marks a significant escalation in an ongoing dispute between the Justice Department and these states regarding immigration enforcement policies. The outcomes of these cases could provide insight into the capabilities of the Supremacy Clause, particularly as the Justice Department aims to affirm its legal authority over state motor vehicle departments while also arguing that states shouldn’t be obligated to assist with private immigration enforcement.

Acting Attorney General Todd Blanche emphasized that the Department would leverage its full legal authority to support law enforcement efforts. He stated, “Law enforcement officers risk their lives daily to maintain safety for Americans. They must be equipped to effectively carry out their duties. By not issuing masked plates to DHS members, including ICE, while providing them for their own state agencies, these governors are engaging in a discriminatory and obstructive policy against federal law enforcement.”

An official from the Massachusetts governor’s office mentioned to Fox News Digital that the federal government typically provides undercover plates only when criminal offenses are being investigated. They argued that this policy does not apply to civil cases, which is often the context of immigration cases.

Governor Maura Healey stated that Massachusetts supports legitimate criminal investigations but views the tactics of ICE as unconstitutional. In a similar vein, Oregon has completely halted the issuance of undercover license plates to federal employees, while Maine and Washington are also resisting provision of plates for civil investigations.

Washington Governor Bob Ferguson expressed his commitment to defending against the lawsuit, underscoring the state’s dedication to public safety and collaboration with federal partners for criminal investigations. He remarked that the tactics employed by the Department of Homeland Security in managing civilian immigration enforcement have frequently come under judicial scrutiny for potential constitutional violations.

Meanwhile, Governor Tina Kotek’s office in Oregon indicated they are currently reviewing the policy concerning masked license plates, with expectations for an update soon.

The Justice Department’s lawsuit invokes the Constitution’s Supremacy Clause, arguing that it should compel the four Democratic states to issue the requested license plates. It asserts that the federal government has the authority to regulate law enforcement activities without needing to concede that power to states, as doing so might jeopardize federal operations.

Some conservative legal experts have expressed skepticism regarding the Justice Department’s ability to successfully leverage the supremacy clause in this manner. They argue that without specific federal law mandating these plates, the states retain the right to refuse. Charles “Currie” Stimson, from the Heritage Foundation, highlighted that the prevailing legal principle suggests a state law cannot have legal standing in situations where it conflicts with federal law.

While the Justice Department has not yet responded to requests for additional comments, the lawsuit marks an important chapter in the ongoing negotiations and disputes over immigration enforcement among state and federal authorities.