The U.S. Justice Department has sued the state of Virginia over two new laws that restrict federal immigration enforcement. The lawsuit alleges that the state is attempting to regulate federal agents' operations, which it claims is unconstitutional.
What do the laws entail?
The laws targeted by the Justice Department's lawsuit restrict federal immigration agents from wearing face masks and require agents to display identification badges. A second law limits voluntary cooperation agreements between local law enforcement and Immigration and Customs Enforcement (ICE).
Brett Shumate, Deputy Assistant Attorney General in the Justice Department's Civil Division, stated that Virginia is trying to regulate how federal agents perform their duties, which is unconstitutional.
The California precedent and legal rationale
Shumate noted that the Justice Department filed a nearly identical lawsuit against California earlier this year and won that case. In April, a federal appeals court blocked California's requirement for federal immigration agents to display identification during operations.
Shumate said they are advancing the same legal theory in the Virginia case. He emphasized that under the Constitution's Supremacy Clause, states do not have the authority to regulate or discriminate against the federal government.
Request for an emergency injunction
The two Virginia laws are scheduled to take effect on July 1. Shumate announced that the Justice Department will file a request for an emergency injunction with a district court to prevent the laws from going into effect.
Shumate added that these laws expose federal agents to risks including criminal prosecution, disclosure of personal information, and harassment.
Warning to other states
The Justice Department official also issued a warning to other states considering similar mask-restriction laws. Shumate said, "Every state that is considering passing such a law has been informed that we will file a lawsuit and seek an injunction to prevent these laws from going into effect."
