Judge blocks Virginia ICE mask ban hours before going into effect
A federal judge temporarily blocked a Virginia law that banned masks for Immigration and Customs Enforcement (ICE) officers just hours before it was set to take effect. U.S.District Judge Robert Payne granted a preliminary injunction in favor of the Department of Justice (DOJ), arguing that Virginia’s mask ban violated the U.S. Constitution’s supremacy clause and intergovernmental immunity, which prevent states from regulating federal law enforcement activities. The DOJ believes it would suffer irreparable harm if the injunction were denied and is highly likely to succeed on the merits of its case.Virginia Attorney General Jay Jones opposes the ruling but has not indicated whether an appeal will be filed. The mask ban was enacted following criticism of masked federal officers, especially after two American deaths in Minnesota earlier this year. The legislation also included provisions requiring ICE personnel to wear visible badges,which are now enjoined.The case remains ongoing, and similar lawsuits have been filed against mask bans in other states like New Jersey and New York.
A federal judge blocked a Virginia law instituting a mask ban for Immigration and Customs Enforcement officers hours before the measure would have taken effect on Wednesday.
U.S. District Judge Robert Payne, appointed by former President George H.W. Bush, issued a preliminary injunction in favor of the Department of Justice. The federal government sued Virginia Attorney General Jay Jones and Fairfax County Commonwealth’s Attorney Steven Descano last month over what the plaintiff deemed an “unconstitutional” mask ban.
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In his three-page order, Payne found that the DOJ “is likely to suffer irreparable injury” if a preliminary injunction were denied. The judge also concluded that the department is “likely to succeed on the merits” of its challenge because the intergovernmental immunity doctrine and the supremacy clause of the U.S. Constitution prohibit the state from regulating federal law enforcement conduct.
The injunction will last until the Trump administration’s litigation challenging the ban is resolved.
Jones opposes the order, but he did not say whether the state would appeal the decision or seek a stay.
“The Attorney General’s Office strongly disagrees with Judge Payne’s order and will continue defending this important law,” Jones said. “We remain steadfast in our mission to support law enforcement, keep Virginians safe and protect every Virginian’s right to the transparent administration of the law.”
In May, Gov. Abigail Spanberger (D-VA) signed legislation into law preventing ICE personnel from wearing masks to protect their identities while performing official duties. A provision of the law required officials to wear a visible badge displaying their name. The injunction enjoins that provision.
The mask ban passed following public criticism of masked federal officers, which was fueled by the deaths of two U.S. citizens in Minnesota at the start of the year.
After taking office, Spanberger moved to curb the immigration agency’s authority through executive orders. One of them rescinded an executive order signed by her Republican predecessor, Glenn Youngkin, that required local law enforcement to cooperate with ICE officers.
Spanberger later signed a bill that further limited future collaboration between local and federal authorities. The DOJ challenged this law through a separate legal challenge. Payne scheduled a court hearing on the matter for Aug. 3. His order only applied to Virginia’s mask law.
DOJ SUES VIRGINIA OVER ‘UNCONSTITUTIONAL’ ICE MASK BAN
Before the judge granted the preliminary injunction, federal attorneys argued that an appeals court’s ruling barred California from enforcing a similar law requiring visible identification for federal officers. The ruling found that the state directly violated the Constitution’s supremacy clause, the same provision cited by the DOJ in its Virginia case.
The DOJ has also sued to stop other mask bans in blue states, including New Jersey and New York. The New Jersey law remains in effect while it’s being litigated, while the New York measure is temporarily blocked.
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