Department of Justice Sues Virginia Over Anti-ICE Policies Amid Expiring Counterterrorism Tool
The Justice Department has initiated legal action against Virginia regarding newly implemented anti-ICE policies, including a contentious ban on federal employees wearing masks. Acting Attorney General Todd Blanche has raised concerns that these regulations jeopardize federal workers’ safety. Meanwhile, the expiration of FISA, an essential counterterrorism tool, is imminent due to Congress’s inaction, which is raising alarm bells about national security. Shannon Bream and Jim Jordan discussed the political stalemate and its potential implications.
On Tuesday, a federal judge aligned with the Trump administration by blocking a Virginia law that would prevent federal agents, notably from ICE and Border Patrol, from wearing masks during operations. Senior U.S. District Judge Robert E. Payne granted a preliminary injunction requested by the DOJ, halting the law from coming into effect while legal disputes are ongoing.
Payne determined that the federal government is likely to prevail in its arguments, as Virginia’s law appears to infringe on the Constitution’s Supremacy Clause by limiting federal enforcement of immigration laws.
The judge expressed concern that enforcing this law could inflict serious harm on federal agents, exposing them to a “real risk of physical harm” while they conduct immigration-related duties.
This ruling comes after the Justice Department filed a lawsuit opposing two laws endorsed by Democratic Virginia Governor Abigail Spanberger. The DOJ argued that the measures would expose masked federal agents to criminal charges and undermine the cooperation agreements between federal immigration authorities and local law enforcement.
“Law enforcement officers risk their lives every day to keep the American people safe. They shouldn’t face harassment for merely doing their jobs,” Blanche stated in the lawsuit. He emphasized that “Virginia’s anti-law enforcement policies aim to regulate the federal government and endanger officers.” He added, “These laws will not stand.”
The DOJ’s complaint alleges that Virginia is attempting to control how federal agents operate by imposing restrictions on mask usage, mandating identification display, and conditioning agreements with local agencies that cooperate with ICE.
Federal agents who breach Virginia’s mask and identification regulations risk being charged with a Class 1 misdemeanor, which could lead to up to 12 months in prison, a fine of $2,500, or both, according to the DOJ.
The lawsuit lists Virginia Attorney General Jay Jones and Fairfax County Commonwealth’s Attorney Steve Descano as defendants. The judge’s order specifically addresses Virginia’s mask and identification regulations, with other provisions related to immigration enforcement agreements slated for a separate hearing on August 3.
Spanberger, Jones, and Descano have actively contested the Trump administration’s ICE policies in Virginia. Earlier this year, Spanberger annulled an executive order issued by former Governor Glenn Youngkin that directed state law enforcement to collaborate with federal immigration officials.
