The Justice Department on Thursday sued Virginia, arguing that the state’s mask ban for federal law enforcement and related identification requirements unconstitutionally interfere with federal officers and criminalize core aspects of federal operations.
The lawsuit, which was filed against Virginia Attorney General Jay Jones and Fairfax County prosecutor Steve Descano, challenged provisions that prohibit law enforcement from wearing face coverings and require officers to display individual identifiers. DOJ officials say the law cannot be enforced against federal personnel carrying out official duties. The DOJ has also noted that Immigration and Customs Enforcement officers wearing face masks could protect the officers from threats.
Virginia passed the mask ban on May 20, with the measure being bolstered by executive orders preventing ICE arrests on state property and removing requirements for local law enforcement cooperation with ICE officers.
“Law enforcement officers risk their lives every day to keep Americans safe, and they do not deserve to be doxed or harassed simply for carrying out their duties,” acting Attorney General Todd Blanche said in a statement. “Virginia’s anti-law enforcement policies regulate the federal government and are designed to create risk for our agents. These laws cannot stand.”
Associate Attorney General Stanley Woodward Jr. said the state lacks authority over federal operations. “Governor Spanberger cannot tell federal officers how to do their job,” he said. “And she certainly cannot prohibit them from ensuring their own safety in conducting federal law enforcement operations. Our suit today stops those unconstitutional efforts.”
At the center of the complaint is the supremacy clause, which DOJ attorneys argue has long been interpreted to bar states from regulating federal operations. The filing cites a line from a precedent-setting Supreme Court case, Mayo v. United States, holding that federal activity is “free from regulation by any state” and that states may not directly control or discriminate against federal functions.
DOJ also pointed to the recent political context, noting that Virginia enacted the law after public criticism of masked federal agents. The complaint references comments by Gov. Abigail Spanberger (D-VA) following President Donald Trump‘s State of the Union address, in which she criticized “poorly trained federal agents” operating “with their faces masked from accountability.”
The department argues the law effectively converts that criticism into criminal penalties for federal officers performing their duties.
Virginia is not alone in facing legal challenges over similar policies. DOJ said comparable laws in other states, including New Jersey and California, have also come under scrutiny.
The lawsuit is part of what the DOJ describes as a series of Civil Division actions targeting state policies it views as obstructing federal law enforcement operations nationwide.
Mullin supports increased penalties for protesters who dox ICE officers
Recently, Homeland Security Secretary Markwayne Mullin backed efforts in Congress to increase penalties for individuals who publicly disclose ICE officers’ identities.
That push followed incidents in which federal officials say officers have been threatened or doxed. In one case cited by federal authorities, a man was arrested after allegedly threatening to assault and kill an ICE officer outside a Newark detention facility, according to the U.S. Attorney’s Office for the District of New Jersey.