DOJ Sues Virginia Over Anti-ICE Policies as Key Tool Nears Expiration

The Department of Justice (DOJ) has initiated a lawsuit against Virginia due to recent anti-ICE policies. These measures include a controversial mask ban for federal agents. Acting Attorney General Todd Blanche expressed concerns that these laws threaten federal officials.

Meanwhile, a crucial anti-terrorism tool, the Foreign Intelligence Surveillance Act (FISA), might expire tonight because Congress hasn’t taken action. This raises concerns over national security. Political analysts Shannon Bream and Jim Jordan have examined the stalemate and its possible implications.

On Tuesday, a federal judge stopped Virginia from enforcing a new law that would stop federal agents, such as those from U.S. Immigration and Customs Enforcement (ICE) and Border Patrol, from wearing masks during operations. The judge sided with the Trump administration, emphasizing federal authority.

Senior U.S. District Judge Robert E. Payne granted the DOJ’s request for a preliminary injunction. This stops the law from going into effect while the legal case continues. The injunction will stay in place during the ongoing litigation.

“The federal government is likely to win because Virginia’s law regulates how federal officers carry out immigration laws, violating the Constitution’s Supremacy Clause,” said Payne.

The court agreed with the government that enforcing the law could endanger federal employees, exposing them to potential physical harm when enforcing immigration laws.

This ruling derives from a DOJ lawsuit filed last week contesting two laws enacted by Democratic Virginia Governor Abigail Spanberger. The DOJ contended these laws would subject federal agents to criminal penalties and jeopardize agreements between federal immigration authorities and local law enforcement.

“Law enforcement officers risk their lives daily to ensure American safety. They shouldn’t be harassed just for performing their duties,” stated Acting Attorney General Todd Blanche.

He described Virginia’s policies as anti-law enforcement measures designed to put federal agents at risk.

The lawsuit claimed Virginia’s law attempts to dictate enforcement operations by limiting mask use, demanding identification, and imposing conditions on cooperation agreements between local agencies and ICE.

In February, Governor Spanberger withdrew a former executive order by ex-Governor Glenn Youngkin, which required state law enforcement to cooperate with federal immigration authorities. Spanberger, along with Attorney General Jay Jones and Fairfax County Commonwealth’s Attorney Steve Descano, is named as defendants.

The DOJ specified that federal officers noncompliant with Virginia’s mask and ID law could be charged with a Class 1 misdemeanor, liable to up to one year in jail or a $2,500 fine, or both.

The judge’s order currently depends only on Virginia’s mask and ID law. A separate challenge regarding immigration enforcement agreements continues, with a hearing scheduled for August 3.

Efforts to reach Governor Spanberger’s office for a comment on these developments are ongoing.

Reporter Greg Wehner covers U.S. news and crime for Fox News Digital, focusing on law enforcement and key stories affecting communities nationwide.