Department of Justice Sues Virginia Over Restrictions on ICE Agents

• DOJ Lawsuit Against Virginia
• ICE Loses Use of Masks
• Clash Over Federal Authority

The Department of Justice, or DOJ, filed a lawsuit against the government of Virginia over legislation that will prevent agents with Immigration and Customs Enforcement, or ICE, from wearing masks during operations to detain immigrants without legal status.

The conflict pits the federal government’s authority against measures promoted by the state administration to strengthen agent identification and oversight.

Since January 17, when Abigail Spanberger took office as governor of Virginia, one of her priorities has been to establish protection mechanisms for immigrants living in the state.

The measures seek to respond to the risk faced by some people of being detained by ICE agents and later deported to their countries of origin.

DOJ Sues Virginia Over ICE Agent Legislation

The Justice Department is suing Virginia over new state laws limiting federal immigration enforcement, including a ban on federal agents wearing masks. https://t.co/guEHfnjUg0

— The Washington Post (@washingtonpost) June 13, 2026

As part of that agenda, the state administration promoted new laws related to the actions of federal agents during immigration operations.

The initiatives include identification requirements for agents and restrictions on cooperation between local and state authorities and federal agencies in immigration operations.

Spanberger publicly defended these measures and questioned the use of masks by law enforcement agents.

“Law enforcement officers wearing masks on American streets undermine basic expectations of accountability, sow fear and confusion, and erode public trust,” the 46-year-old Democratic governor said in a statement.

The Laws Will Take Effect in July

DOJ files lawsuit after Virginia law bans federal officers from wearing masks https://t.co/4BKYjwgXYw

— Nicholas A Ballasy (@NicholasBallasy) June 13, 2026

The provisions approved by the state government will begin to apply in July.

Among them are laws SB 352 and SB 783, which are part of the changes promoted by the Virginia administration.

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However, the entry into force of these rules prompted a response from the federal government.

The DOJ decided to file a lawsuit, arguing that several aspects of both laws conflict with federal authority.

The complaint maintains that the ban on wearing masks and the identification requirements imposed on federal agents violate the Supremacy Clause of the U.S. Constitution.

According to the federal argument, that clause establishes the authority of federal law enforcement above state and local agencies.

DOJ Argues Risks to Agent Safety

In its lawsuit, the Department of Justice specifically challenged the content of SB 352.

“SB 352 recklessly disregards agent safety, public safety, and federal operational needs,” part of the document filed by the federal government states.

In addition, the DOJ also objected to SB 783, related to partnerships between federal, state, and local law enforcement agencies.

The department maintains that this legislation violates both the Contracts Clause and the Supremacy Clause of the Constitution.

According to the DOJ lawsuit against Virginia, the rule affects previously established agreements between different levels of government.

“It invalidates valid and existing contracts, and seeks to impose burdensome and unlawful conditions on federal agents operating in Virginia, conditions that the United States cannot accept because they conflict with federal law and put agent safety at risk,” the court document emphasizes.

• What’s next: The dispute will now be in the hands of the courts, where it will be determined whether Virginia’s new laws can take effect as approved or whether the constitutional arguments raised by the Department of Justice will prevail.