A federal judge has blocked a new Virginia law that would have prohibited federal agents from wearing masks during enforcement operations, siding with the federal government in a dispute over authority. The law, which was set to take effect, would have applied to agents from U.S. Immigration and Customs Enforcement and Border Patrol. The judge's ruling grants a preliminary injunction, preventing the law from being enforced while the case is litigated.
The judge found that the federal government is likely to succeed in its argument that the Virginia law violates the Constitution's Supremacy Clause, which gives federal law precedence over state law. The ruling also noted that enforcing the law could expose federal employees to a "real risk of physical harm" while carrying out immigration enforcement duties. The federal government had argued that the law would subject masked federal agents to criminal penalties and threaten agreements between federal immigration authorities and local law enforcement.
The lawsuit was filed by the Department of Justice, which argued that the Virginia law attempts to regulate how federal officers enforce immigration laws. The department claimed that the law would dictate how federal officers carry out law enforcement operations, restricting when they may wear face coverings and requiring them to display identifying information. The lawsuit also argued that the law would place conditions on cooperation agreements between local agencies and federal immigration authorities.
The judge's order applies only to the Virginia law governing masks and identification, and does not affect a separate provision related to immigration enforcement agreements. That challenge will proceed on a different schedule, with a hearing set for August 3. The ruling is the latest development in a dispute between the federal government and Virginia over immigration enforcement policies.
Virginia's governor and attorney general have taken steps to counter the federal government's immigration agenda in the state. In February, the governor rescinded an executive order that had directed state law enforcement agencies to cooperate with federal immigration authorities. The state's attorney general and other officials have also taken actions to limit cooperation with federal immigration authorities.
The federal government has argued that the Virginia laws are designed to create risk for federal agents and cannot be allowed to stand. The case will continue to be litigated, with the federal government seeking to overturn the Virginia laws and the state seeking to defend its authority to regulate immigration enforcement within its borders.
