DOJ warns former red state is becoming the next California as governor embraces ICE limits
The Department of Justice (DOJ) is warning that Virginia risks becoming "the next California" in the Trump administration's fight against resistance to federal immigration enforcement after filing a new lawsuit last week.
"We are suing Virginia to prevent Virginia from becoming the next sanctuary jurisdiction, just like California," DOJ Assistant Attorney General for the Civil Division Brett Shumate told Fox News Digital in a Zoom interview.
The lawsuit, first shared with Fox News Digital earlier in June, argues Virginia is violating the Constitution by trying to regulate federal law enforcement operations, including restrictions on agents' masks, identification requirements and conditions on local cooperation with ICE.
"Under our Constitution, the states do not get to regulate or dictate how the federal government performs its duties, and that is especially the case when it comes to law enforcement. Virginia passed two bills in this newest session, one that restricts the ability of law enforcement officers to wear facial coverings and requires officers, federal agents, to wear identification badges," said Shumate.
He said the other bill "restricts cooperation agreements between local law enforcement agencies, like sheriffs, and ICE to voluntarily cooperate with federal immigration enforcement."
The lawsuit names Virginia Attorney General Jay Jones and left-wing Fairfax County Commonwealth Attorney Steve Descano — who was previously backed by groups connected to George Soros.
While DOJ has not heard back from state officials, Shumate shared that the department feels confident about the previous case due to precedent.
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"We brought a nearly identical lawsuit against California earlier this year, and we won that case," he said.
In April, a federal appeals court handed the Trump administration a legal victory over Democratic Gov. Gavin Newsom. The court blocked California from requiring federal immigration agents to display identification during operations.
He says they are asserting the same legal theory in this case.
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"Under the Constitution, the Supremacy Clause in particular, the states do not get to regulate or discriminate against the federal government," said Shumate. "That's exactly what Virginia has done. They have attempted to regulate how the federal goes about its business. They do not have the authority to do that under the constitution."
The two Virginia laws are set to take effect July 1 and Shumate shared the DOJ plans to move quickly to a district court judge to enjoin these laws from taking effect. Virginia was previously a solidly red state, voting for Republicans in nearly every presidential election for decades before shifting to the left in the last roughly 20 years.
"We will be filing very quickly in the district Court in Virginia to seek an injunction to stop these laws from taking effect, which these laws have criminal penalties that put federal agents at risk, not only of criminal prosecution, but also at risk of doxing and harassment," he added.
ICE has defended the practice of agents concealing their identities during operations, saying last summer as Trump's intensifying immigration crackdown prompted anti-ICE protests and riots that rhetoric on the left had caused a spike in "threats and assaults against [agents'] families."
Shumate shared the department is looking at several bills in other states that are considering mask restrictions.
"Any state that's considering passing this type of bill is on notice that we will file a lawsuit and we will ask for an injunction to block those laws from taking effect," said Shumate.