The Department of Justice (DOJ) announced on May 29, 2026, that it has filed lawsuits against four states—Maine, Massachusetts, Oregon, and Washington—over their refusal to issue undercover license plates to Immigration and Customs Enforcement (ICE) agents. DOJ officials argue that the states' actions unlawfully discriminate against federal law enforcement and violate the Constitution's Supremacy Clause.
Assistant Attorney General Brett Shumate previously set a deadline of May 22 for the states to comply with the request. The lawsuits represent an escalation in a prolonged standoff regarding immigration enforcement between the DOJ and the states, which assert that they are not obligated to assist with civil immigration enforcement.
Acting Attorney General Todd Blanche stated, "This Department of Justice will exercise any and all lawful authorities to support the brave men and women of law enforcement." He emphasized that law enforcement officers need to effectively carry out their duties.
Massachusetts officials indicated that undercover plates are issued to federal agents only for criminal investigations, not for civil infractions, which typically include immigration cases. Oregon has enacted a moratorium on issuing such plates to federal agents, while Maine and Washington have similar policies.
Washington Governor Bob Ferguson stated that the state collaborates with federal partners on criminal investigations but has concerns about the tactics used by ICE in civil immigration enforcement. The lawsuits cite the Supremacy Clause, asserting that federal law supersedes conflicting state laws and mandates the issuance of undercover plates to ICE agents. Legal experts have expressed skepticism about the DOJ's ability to compel states to comply with this request, noting that the refusal to issue plates does not necessarily conflict with federal law.
The DOJ did not respond to requests for comment regarding the lawsuits.
