The Department of Justice (DOJ) has taken legal action against Virginia in an effort to prevent the state from becoming a sanctuary jurisdiction like California. According to Brett Shumate, DOJ Assistant Attorney General for the Civil Division, the department is addressing Virginia’s attempts to impede federal immigration enforcement.
The DOJ’s new lawsuit, disclosed earlier this June, claims Virginia is breaching the Constitution by imposing regulations on federal law enforcement operations. This includes limitations on agents wearing masks, identification requirements, and conditions on local cooperation with Immigration and Customs Enforcement (ICE). Shumate emphasized, “Under our Constitution, states cannot regulate or dictate federal government duties, especially in law enforcement.” He noted that Virginia passed bills limiting law enforcement officers’ ability to wear facial coverings and mandating identification badges for federal agents.
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Acting Attorney General Todd Blanche testified during a Senate Appropriations Subcommittee hearing on May 19, 2026. The hearing took place at the Dirksen Senate Office Building in Washington, D.C.
Shumate explained that another bill hampers cooperation agreements between local law enforcement, such as sheriffs, and ICE. These agreements facilitate voluntary cooperation with federal immigration efforts. The lawsuit targets Virginia Attorney General Jay Jones and Fairfax County Commonwealth Attorney Steve Descano, who has past support from groups linked to George Soros. Although state officials haven’t responded, the DOJ remains confident due to previous cases.
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In a similar case earlier this year, the DOJ successfully challenged California’s requirements for federal immigration agents to display identification. Shumate reiterated that the DOJ is pursuing the same legal logic against Virginia.
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The DOJ argues under the Constitution’s Supremacy Clause, states cannot regulate the federal government. Virginia’s actions to regulate federal operations are seen as unconstitutional. Two laws set to take effect on July 1 face swift legal actions by the DOJ to prevent their implementation. These laws threaten federal agents with criminal penalties, doxing, and harassment.
Shumate highlighted that the DOJ plans to file quickly in the district court to seek an injunction against Virginia’s laws. Once a solidly Republican state, Virginia has shifted towards the Democratic party over the past two decades.
ICE advocates for its agents to conceal identities for safety, especially amid protests and threats against agents’ families. The DOJ is monitoring mask restriction laws in other states. “Any state considering such bills should expect a lawsuit and an injunction request,” Shumate stated.
Ashley J. DiMella provides political coverage for Fox News Digital.