The Justice Department filed lawsuits on May 28, 2026, against the states of Maine, Massachusetts, Oregon, and Washington regarding their refusal to provide undercover license plates to Immigration and Customs Enforcement (ICE) officers. The lawsuits state that ICE utilizes these plates for various law enforcement activities, including arresting fugitives and conducting investigations. Without these plates, the lawsuits claim, the safety of federal officers is compromised.
Acting Attorney General Todd Blanche stated that the refusal to grant undercover license plates to ICE while providing them to state agencies constitutes discriminatory policies against federal law enforcement. He added that such actions undermine federal immigration enforcement and allow criminals to evade justice.
The lawsuit highlights that Washington's Department of Licensing began denying requests for undercover plates from the Department of Homeland Security (DHS) around October 2025. In response to a request from Homeland Security Investigations (HSI) in January 2026, the state agency suspended the issuance and renewal of these plates for DHS-affiliated entities.
Washington Attorney General Nicholas Brown noted that the state provides undercover plates to other federal agencies but not to ICE or Customs and Border Protection (CBP). The state is currently reviewing DHS's activities and has halted renewals of existing undercover plates for DHS subcomponents.
The lawsuit also references the “Keep Washington Working Act,” which prohibits state agencies from using resources to assist in federal enforcement actions that target residents based on race, religion, or immigration status. Former ICE official Scott Mechkowski criticized the actions of the states, arguing that all law enforcement officers should have access to undercover capabilities for their safety. The Massachusetts Attorney General's office stated it is reviewing the complaint and will defend its policies.