DOJ Challenges Virginia’s Anti-ICE Policies and the Expiry of FISA Powers

The Department of Justice (DOJ) has initiated legal action against Virginia over new policies perceived as restrictive towards U.S. Immigration and Customs Enforcement (ICE). A controversial rule banning federal agents from wearing masks during operations is central to this dispute. Acting Attorney General Todd Blanche has voiced concerns that these measures endanger federal officers involved in law enforcement duties.

Concurrently, the Foreign Intelligence Surveillance Act (FISA), a critical tool for counter-terror operations, is nearing expiration. This has led to significant national security concerns, as Congress has not taken the necessary steps to extend it. Experts Shannon Bream and Jim Jordan have discussed the political impasse and potential repercussions of allowing FISA to lapse.

On Tuesday, a federal judge halted Virginia’s enforcement of a law that barred ICE and Border Patrol from mask-wearing during their duties. This decision supports the Trump administration’s stance on maintaining federal authority over immigration enforcement. Senior U.S. District Judge Robert E. Payne granted an injunction to the DOJ, blocking Virginia’s regulation temporarily while the legal challenge progresses.

The federal government appears poised for success in its legal arguments, as Virginia’s law conflicts with the constitutional Supremacy Clause by attempting to oversee federal enforcement actions.

The ruling stems from a DOJ lawsuit contesting two laws signed by Virginia Governor Abigail Spanberger. The DOJ argues these laws would criminally penalize masked federal agents and undermine cooperation agreements between federal immigration authorities and local law enforcement.

Acting Attorney General Blanche stated that law enforcement officials face danger precisely due to such policies, emphasizing the federal agents’ role in maintaining safety without facing harassment.

The lawsuit claims Virginia’s restrictions on when agents can wear masks, requiring identification display and conditions on local cooperation, dictate federal enforcement behavior unlawfully.

The new mask and identification law would have subjected offenders to a Class 1 misdemeanor, threatening them with up to a year in jail, fines up to $2,500, or both.

This legal challenge names Virginia Attorney General Jay Jones and Fairfax County Commonwealth’s Attorney Steve Descano as defendants. While Payne’s order targets the mask and identity regulation, another DOJ challenge regarding local and federal cooperation agreements is under separate review, with a hearing set for August 3.

Governor Spanberger, alongside Jones and Descano, continues to counter former federal immigration directives in Virginia. Earlier, Spanberger withdrew an executive order from a previous governor supporting state and federal agency cooperation on immigration enforcement.

Attempts to contact Spanberger’s office for remarks were made, but no response has been announced yet.