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The DOJ sues Virginia over a law banning ICE agents from wearing masks

In a statement, the Department of Justice asserts that requiring agents to show their faces hinders the enforcement of immigration laws and jeopardizes sensitive operations.

Todd Blanche, Acting Attorney General/ Leonin Nolly

Todd Blanche, Acting Attorney General/ Leonin NollyNurPhoto via AFP

Joaquín Núñez
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The Department of Justice (DOJ) filed a lawsuit on Thursday against the state of Virginia over a law that prohibits federal immigration agents from operating with their faces covered and requires them to display visible identification during their operations. The Trump Administration argues that the state laws are "unconstitutional," since the state lacks constitutional authority to impose operational requirements on federal agents.

In May, Virginia’s Democratic governor, Abigail Spanberger, signed a series of laws and executive orders related to law enforcement that will take effect in July. Specifically, they will establish identification requirements and restrictions on cooperation with local and state law enforcement agencies. One of the most controversial provisions prohibits federal immigration agents from operating with their faces covered.

"Law enforcement officers wearing masks on American streets undercut basic expectations of accountability, sow fear and confusion, and erode the public trust," the Democrat stated in a press release. "“Americans have witnessed the horrors of what can occur when masked federal immigration enforcement agents engage in fear-based policing and enforcement theatre on American streets — like in Minnesota where Renee Good and Alex Pretti were murdered," she added.

Furthermore, just days after taking office, Spanberger canceled the state’s cooperation with U.S. Immigration and Customs Enforcement (ICE).

On the other hand, the DOJ argues that the use of masks is a legitimate safety measure to protect the physical safety of agents and their families. In a statement, the agency asserts that forcing them to show their faces hinders the enforcement of immigration laws and jeopardizes sensitive operations.

According to the lawsuit, filed in the U.S. District Court for the Eastern District of Virginia, the requirements imposed by Spanberger on federal agents are "unconstitutional," arguing that they constitute a direct encroachment on federal authority.

"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," stated Todd Blanche, acting attorney general, who was previously nominated by President Donald Trump to be confirmed in his position by the Senate.

"Virginia’s anti-law enforcement policies regulate the federal government and are designed to create risk for our agents. These laws cannot stand," he added.

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