DOJ Sues Virginia Over Federal Immigration Enforcement

The Department of Justice (DOJ) warns that Virginia is at risk of becoming akin to California in resisting federal immigration enforcement under the Trump administration. Last week, the DOJ filed a lawsuit aiming to prevent Virginia from adopting sanctuary policies similar to those in California.

Brett Shumate, DOJ Assistant Attorney General for the Civil Division, explained the lawsuit in a Zoom interview with Fox News Digital. He argued that Virginia violates the Constitution by attempting to regulate federal law enforcement operations, including requirements for federal agents to wear facial coverings and identification badges, as well as conditions for local cooperation with Immigration and Customs Enforcement (ICE).

Under our Constitution, states do not get to dictate how the federal government carries out its duties, especially when it comes to law enforcement. Virginia’s newly passed legislation restricts law enforcement officers’ facial coverings and mandates identification for federal agents.

Acting Attorney General Todd Blanche testified during a Senate Appropriations Subcommittee hearing in Washington, D.C., emphasizing that the second bill undermines cooperation agreements between local law enforcement and ICE. The lawsuit names Virginia Attorney General Jay Jones and Fairfax County Commonwealth Attorney Steve Descano, known for his affiliation with groups linked to George Soros.

Shumate highlighted the DOJ’s confidence, citing a legal victory in a similar lawsuit against California earlier this year. A federal appeals court had blocked California’s requirement for federal immigration agents to display identification during operations, siding with the Trump administration.

Under the Supremacy Clause of the Constitution, states cannot regulate or discriminate against the federal government. Virginia has overstepped its authority by trying to regulate federal operations.

The Virginia laws are slated to take effect on July 1. Shumate announced plans to swiftly seek an injunction from a district court to prevent their enforcement, citing the laws’ potential to criminalize federal agents and expose them to harassment.

ICE has defended the anonymity of agents during operations, attributing the practice to increasing threats against agents and their families prompted by leftist rhetoric. Shumate signaled DOJ’s vigilance over similar legislative efforts in other states, warning of potential lawsuits and injunctions.

Ashley J. DiMella reports on politics for Fox News Digital.