On Thursday, the Justice Department sued Virginia, its attorney general, and a prosecutor in Fairfax over state laws that would require federal officers to wear individual identifiers and prevent them from wearing masks while on operations.
The complaint targets two sections of Virginia Code — §§ 19.2-83.6:1 and 15.2-1726.1 — which the federal government alleges are unconstitutional attempts to regulate federal law enforcement. The suit also challenges provisions that officials say effectively ban 287(g) immigration enforcement agreements with local agencies.
Acting Attorney General Todd Blanche said the Virginia laws “are designed to create risk for our agents.”
“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.” — Acting Attorney General Todd Blanche
Federal officers have faced more harassment, doxing, and physical violence, and threatening officers with prosecution for hiding their identities discourages enforcement of federal law, the Justice Department says.
Associate Attorney General Stanley Woodward singled out Gov. Spanberger, saying she “cannot prohibit them from ensuring their own safety in conducting Federal law enforcement operations.”
The suit names the Commonwealth of Virginia, Attorney General Jay Jones, and Fairfax Commonwealth Attorney Steve Descano as defendants.
“The Department will continue to protect the privacy and safety of law enforcement against unconstitutional state laws,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division.
Blanche had previously directed the Civil Division to identify state and local laws that impede federal activities. Thursday’s filing is the latest in a string of similar lawsuits against policies in New Jersey and California, the department said.
Background: Virginia’s Executive Order and the Laws Behind the Lawsuit
The federal lawsuit did not emerge in isolation. On May 20, 2026 — the same day the mask ban was signed — Gov. Abigail Spanberger issued Executive Order 16 (2026), titled “A Safer Virginia for All,” establishing a sweeping set of directives governing how Virginia state agencies interact with federal civil immigration enforcement.
The order bars executive branch departments and agencies from allowing federal immigration officers to use nonpublic state property as staging areas, processing locations, or operations bases for civil immigration enforcement without a valid warrant or court order authorizing access to that specific property.
Spanberger used state numbers to justify the order. Data show that between January 2025 and March 2026, about 70% of people booked into Virginia detention centers had no criminal conviction. During that same period, 13 children under six years of age were detained.
The order also requires several state agencies to prepare staff guidance on responding to federal civil immigration arrests on their premises. The affected agencies include the Departments of Health and Education, the State Council of Higher Education, the Virginia Community College System, the Department of Elections, the Department of Criminal Justice Services, and the Commonwealth’s Attorneys’ Services Council — covering sites from hospitals and schools to courthouses, polling places, and attorneys’ offices.
The executive order explicitly states it does not restrict compliance with valid judicial warrants, criminal law enforcement on state property, or access to property open to the general public.
The mask ban legislation, Senate Bill 352, which prohibits law enforcement officers from wearing facial coverings during official duties, and Senate Bill 783, which restricts 287(g) immigration enforcement partnerships with local agencies, are both set to take effect July 1, 2026.
The DOJ lawsuit seeks declaratory and injunctive relief to block enforcement of both laws as they apply to federal personnel.
A global media for the latest news, entertainment, music fashion, and more.
