The Trump administration’s Justice Department is challenging several state laws passed by Virginia Democrats targeting the work of federal immigration enforcement officers.
The complaint, filed in the Eastern District of Virginia’s Richmond Division, challenges state laws that seek to ban federal law enforcement officers from wearing masks and restrict 287(g) agreements between federal immigration enforcement and state and local law enforcement agencies.
The Justice Department argues the face mask ban illegally attempts to regulate the federal government and threatens federal officers with prosecution for concealing their identities.
“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 release. “Virginia’s anti-law enforcement policies regulate the federal government and are designed to create risk for our agents. These laws cannot stand.”
The Commonwealth of Virginia, Attorney General Jay Jones and Fairfax County Commonwealth’s Attorney Steve Descano were named as defendants in the lawsuit. Jones said his office is reviewing the lawsuit.
“We remain steadfast in our mission to protect Virginians right to safe communities and transparent enforcement of the law,” he said in a statement to ARLnow.
The suit references SB 783 and companion bill HB 1441, which will ban state and local law enforcement from entering 287(g) agreements to assist with federal civil immigration enforcement when the laws take effect on July 1. State agencies had been directed by Gov. Abigail Spanberger (D) in February to end 287(g) agreements with U.S. Immigration and Customs Enforcement.
In court filings, the federal government said the legislation to restrict federal immigration agreements is “unconstitutional.”
“Virginia seeks to override Congress’s enactments that provide that ICE may enter into agreements with States and localities in which ICE trains local officers in immigration enforcement matters and provides them with the authority to conduct such matters under the color of Federal law,” the Justice Department said in the complaint.
SB 352 and companion bill HB 1482 — also taking effect on July 1 — ban law enforcement officers from wearing a face mask while performing their duties. The legislation allows exemptions for facial coverings worn for health reasons, for special weapons and tactics team duties, and for law enforcement agencies that have written policies restricting facial covering use. A law enforcement officer wearing a mask in violation of the state law would face a Class 1 misdemeanor.
Spanberger, who signed the bills in April, is remaining steadfast in her support for the policies.
“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,” a spokesperson for the governor’s office said. “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.”
Del. Alfonso Lopez (D-3), who represents part of Arlington, had sponsored HB 1441 to restrict local and state law enforcement 287(g) agreements with federal immigration enforcement.
“This is about protecting Virginians and maintaining trust between communities and law enforcement,” Lopez told ARLnow. “The purpose of HB1441 is to enable state and local law enforcement to act with discretion when choosing to participate in federal operations.”
Fairfax County state Sen. Saddam Azlan Salim (D-37), who introduced the Senate versions of the face mask ban and restrictions on federal immigration agreements, declined to comment on the specifics of the legal challenges.
“As a state legislator, every bill that I introduce is vetted by the nonpartisan attorneys at the Division of Legislative Services and crafted to be consistent with our state and federal constitutions,” Salim said in a statement. “However, my job is negotiating the policy and getting the bills signed into law.”
Spanberger took a mixed approach to immigration bills from the General Assembly. The governor vetoed legislation ( SB 351 and HB 650 ) that would restrict federal immigration agents from conducting civil arrests in certain public places, including courthouses, schools and health care facilities.
The vetoes were accompanied by an executive order directing state agencies to prohibit the federal government from accessing state property or using it as a staging site for civil immigration enforcement unless officers have a “valid warrant or order.” The order also directed the state government to develop guidance for local prosecutors, hospitals, schools and elections workers for handling interactions with federal immigration officers.
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This story was originally published by ARLnow and distributed through a partnership with The Associated Press.
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