FIRST ON FOX: DOJ sues Spanberger’s Virginia over laws kneecapping federal agents as mask war escalates

FIRST ON FOX: The Justice Department sued The Commonwealth of Virginia on Thursday over two new laws the DOJ says would subject masked federal agents to criminal penalties and threaten local ICE cooperation agreements.

"Law enforcement officers risk their lives every day to keep Americans safe, and they do not deserve to be doxed or harassed simply for carrying out their duties," said acting Attorney General Todd Blanche in comment provided to Fox News Digital on Thursday. "Virginia’s anti-law enforcement policies regulate the federal government and are designed to create risk for our agents. These laws cannot stand."

The lawsuit, first shared with Fox News Digital, argues Virginia is violating the Constitution by attempting to dictate how federal officers carry out law enforcement operations — including when they can wear masks, what identifying information they must display and whether local agencies can maintain ICE cooperation agreements unless the federal government accepts state-imposed conditions. The DOJ said the laws threaten officer safety, undermine federal immigration enforcement and violate the Supremacy Clause.

At the heart of the suit, are a pair of laws that Democratic Virginia Gov. Abigail Spanberger signed, which are set to take effect on July, including: one restricting law enforcement officers, including federal officers, from wearing facial coverings while on duty and requiring them to display identifying information, and another imposing state-mandated conditions on federal immigration enforcement agreements.

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The DOJ said federal officers who violate Virginia’s mask and identification law could face a Class 1 misdemeanor, punishable under Virginia law by up to 12 months in jail, a fine of up to $2,500, or both.

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. 

The suit claims Virginia's mask ban is "blatantly unconstitutional" because it attempts to regulate "what federal officers may and may not wear" while carrying out their duties, exposing agents' identities and increasing risks to them and their families.

"The Department of Justice will steadfastly protect the privacy and safety of law enforcement from unconstitutional state laws like Virginia’s," said Assistant Attorney General Brett Shumate of the DOJ’s Civil Division in the press release.

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DOJ is seeking a court order to block both laws that begin July 1.

Spanberger, Jones and Descano have all moved to counter the Trump administration’s immigration enforcement agenda in Virginia.

In February, Spanberger issued an executive order that rescinded a Youngkin-era order directing state law enforcement cooperation with federal immigration enforcement efforts.

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"The President told us that we are safer because unaccountable, poorly trained ICE agents are arresting mothers and detaining children. Our broken immigration system is something to be fixed — not an excuse to terrorize our communities," Spanberger posted on X in response to Trump's State of the Union.

The suit comes as there have been ongoing protests outside the Delaney Hall immigration detention center in New Jersey where protesters verbally abused ICE agents, obstructed vehicles, allegedly assaulted officers, and made threats leading to multiple arrests.

"Governor Spanberger cannot tell Federal officers how to do their job," said Associate Attorney General Stanley Woodward in the press release. "She certainly cannot prohibit them from ensuring their own safety in conducting Federal law enforcement operations. Our suit today stops those unconstitutional efforts."

Fox News Digital reached out to the offices of Gov. Spanberger and AG Jones for comment.