Department of Justice sues Virginia over anti-ICE policies as expiration date approaches for key counterterrorism tool

The Justice Department is set to sue Virginia regarding new anti-ICE regulations, which notably include a contentious ban on federal employees wearing masks. Acting Attorney General Todd Blanche maintains that such laws jeopardize the safety of federal workers. Meanwhile, national security anxieties are escalating as the expiration of FISA, a critical counterterrorism asset, looms tonight due to inaction from Congress. Shannon Bream and Jim Jordan discuss the political deadlock and its potential repercussions.

On Thursday, a federal judge temporarily inhibited Philadelphia from enforcing laws targeting federal workers, which restrict law enforcement officers from wearing masks, hiding identification, and using unmarked vehicles.

U.S. District Judge Chad Kenney issued a preliminary injunction preventing the city from applying the mask prohibition and other constraints on federal personnel ahead of Tuesday’s intended enforcement date.

The ruling aligns with the Justice Department, which launched a lawsuit the previous month, arguing that the regulation was a “clearly unconstitutional” maneuver to control federal employees. The court determined that municipalities lack the authority to dictate how federal officials fulfill their duties.

Judge Kenney pointed out that when the Philadelphia City Council approved Bill 260060, it endeavored to bypass the Constitution’s explicit directives, neglecting a fundamental legal principle that has shaped American law for over 200 years. This refers to the Constitution’s Supremacy Clause, which asserts that federal law takes precedence over conflicting state and local laws.

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Kenney articulated that supporting Philadelphia’s stance would imply that local governments could dictate the conditions under which federal law enforcement officers can conceal their identities.

Earlier this year, Philadelphia’s mask-wearing ban for federal agents was embraced within a broader legislative framework, adopted amid national discussions about masked immigration officials conducting targeted raids—some resulting in tragic shootings, including two American citizens in Minneapolis this past January.

The new law applied to law enforcement at all levels, but Thursday’s injunction specifically protects federal employees from its reach. The ordinance prohibited covered officers from wearing masks or hiding their identities while on duty or when engaging with the public, allowing exceptions for medical masks, religious coverings, and certain tactical gear in high-risk scenarios. Furthermore, they might need to display a visible badge and use marked vehicles in some contexts.

The legislation barred federal workers from masking their faces or disguising their identities, mandating the visible use of badges and marked vehicles.

Noncompliance with this ordinance could have civil or criminal repercussions for police officers.

Kenney commented that this kind of direct regulation imposed by local governments on the federal government is evidently intolerable.

Philadelphia Mayor Sherrell Parker, affiliated with the Democratic Party, opted not to endorse the bill, having been advised by the city’s attorney’s office about its serious legal issues.

However, despite her reservations, the bill passed into law in May after she allowed it to take effect without her signature.

Fox News Digital has sought comments from the city regarding the recent ruling.

In a statement to Reuters, the Justice Department praised the court’s decision and expressed determination to challenge jurisdictions attempting to hinder President Trump’s immigration enforcement efforts with policies that threaten both authorities and public safety.

FOX News Digital has also reached out to the Department of Justice for additional comments.

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This incident marks another chapter in the ongoing legal struggle between the Trump administration and various state and local governments trying to implement mask bans and identification requirements impacting federal officials.

On Tuesday, a federal judge similarly blocked a new Virginia law prohibiting federal law enforcement personnel from donning masks.

Back in February, a California law restricting federal employees from wearing masks while on duty also faced judicial resistance.

The Justice Department has even initiated a lawsuit against New Jersey to contest a comparable mask ban for federal employees.