DOJ sues Virginia over laws restricting ICE agents’ masks, local cooperation

The Justice Department filed suit against Virginia last week over two state laws that federal officials say unconstitutionally restrict ICE operations, warning that the state risks becoming “the next sanctuary jurisdiction, just like California.”

The lawsuit, first reported by Fox News, targets two new Virginia laws that the DOJ says would subject masked federal agents to criminal penalties and threaten local ICE cooperation agreements. The laws, signed by Democratic Gov. Abigail Spanberger, are set to take effect July 1. 

DOJ Assistant Attorney General for the Civil Division Brett Shumate said the laws mirror the tactics of other states that have clashed with the Trump administration over immigration enforcement.

“We are suing Virginia to prevent Virginia from becoming the next sanctuary jurisdiction, just like California,” Mr. Shumate told Fox News Digital.

The legislation at issue includes Senate Bill 352 and House Bill 1482, which generally prohibit law enforcement officers — including ICE agents — from wearing facial coverings while carrying out official duties. The law provides exceptions for health reasons, special weapons and tactics team duties, and agencies with written policies governing face-covering use. Officers who do not display required identification while on duty would face a Class 1 misdemeanor. Companion bills SB 783 and HB 1441 will ban state and local law enforcement from entering 287(g) agreements to assist with federal civil immigration enforcement when the laws take effect July 1. Ms. Spanberger had already directed Virginia’s state agencies in February to end existing 287(g) agreements with ICE. 

Mr. Shumate said the laws amount to an overreach by state government. “Under our Constitution, the states do not get to regulate or dictate how the federal government performs its duties, and that is especially the case when it comes to law enforcement,” he said.

DOJ Associate Attorney General Stanley Woodward Jr. echoed that position, saying the state lacks authority over federal operations. “Governor Spanberger cannot tell federal officers how to do their job,” Mr. Woodward said. “And she certainly cannot prohibit them from ensuring their own safety in conducting federal law enforcement operations.” 

The lawsuit, filed in the U.S. District Court for the Eastern District of Virginia, names Attorney General Jay Jones and Fairfax County Commonwealth’s Attorney Steve Descano as defendants. Mr. Jones said his office is reviewing the complaint. “We remain steadfast in our mission to protect Virginians’ right to safe communities and transparent enforcement of the law,” he said. 

A spokesperson for Ms. Spanberger defended the laws. “As a former federal law enforcement officer, Governor Spanberger knows transparency, accountability, and a commitment to earning the public’s trust are prerequisite to upholding the rule of law and keeping Virginians safe,” the statement read. “Law enforcement officers wearing masks on American streets undercuts these basic expectations of accountability, sows fear and confusion, and erodes the public trust that police have worked for years to build within their communities.” 

The DOJ said it expects to prevail based on a parallel case it recently won. “We brought a nearly identical lawsuit against California earlier this year, and we won that case,” Mr. Shumate said. The department has cited its California litigation — in which it challenged similar identification requirements for federal agents — as legal precedent for the Virginia suit.

Mr. Shumate said the department plans to move quickly to seek an injunction before the laws take effect. “We will be filing very quickly in the district court in Virginia to seek an injunction to stop these laws from taking effect, which these laws have criminal penalties that put federal agents at risk, not only of criminal prosecution, but also at risk of doxing and harassment,” he said.

The DOJ also pointed to the recent political context, noting that Virginia enacted the law following public criticism of masked federal agents. ICE has defended agents concealing their identities during operations, citing a spike in threats against agents and their families amid anti-ICE protests. 

Mr. Shumate added that other states considering similar legislation have been put on notice. “Any state that’s considering passing this type of bill is on notice that we will file a lawsuit and we will ask for an injunction to block those laws from taking effect,” he said.