A federal judge has issued a preliminary injunction blocking Virginia from enforcing a law that would prohibit federal agents, including those from U.S. Immigration and Customs Enforcement (ICE) and Border Patrol, from wearing masks during enforcement operations. Senior U.S. District Judge Robert E. Payne granted the request from the Department of Justice (DOJ), stating that the law likely violates the Constitution's Supremacy Clause by attempting to regulate federal officers' enforcement of immigration laws. The injunction will remain in effect while the legal challenge is ongoing.
Judge Payne noted that the federal government is likely to succeed in its case, as enforcing the law could expose federal employees to physical harm. The DOJ filed the lawsuit against Virginia's law, which was signed by Governor Abigail Spanberger, arguing that it would impose criminal penalties on masked federal agents and disrupt cooperation between federal and local law enforcement.
The lawsuit names Virginia Attorney General Jay Jones and Fairfax County Commonwealth's Attorney Steve Descano as defendants. The judge's order specifically addresses Virginia's mask and identification law, while a separate challenge to another provision regarding immigration enforcement agreements will follow a different schedule, with a hearing set for August 3.