RICHMOND — The Justice Department filed a complaint in the U.S. District Court for the Eastern District of Virginia in Richmond, challenging Virginia state laws that aim to restrict 287(g) agreements and ban law enforcement officers from wearing face masks. The lawsuit names the Commonwealth of Virginia, Attorney General Jay Jones, and Fairfax County Commonwealth's Attorney Steve Descano as defendants.

The federal government argues the legislation restricting federal immigration agreements is unconstitutional. The department stated in court filings that "Virginia seeks to override Congress's enactments that provide that ICE may enter into agreements with States and localities in which ICE trains local officers in immigration enforcement matters and provides them with the authority to conduct such matters under the color of Federal law."

Virginia statutes SB 783 and HB 1441 ban state and local law enforcement from entering 287(g) agreements related to federal civil immigration enforcement, and these statutes are scheduled to take effect on July 1. Additionally, Virginia statutes SB 352 and HB 1482 ban law enforcement officers from wearing face masks while performing their duties; officers who violate this law face a Class 1 misdemeanor charge. These mask laws include exemptions for health reasons, special weapons and tactics team duties, and agencies with specific written policies restricting facial coverings. Governor Abigail Spanberger signed these bills into law in April.

Acting Attorney General Todd Blanche stated that "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." He also said, "Virginia's anti-law enforcement policies regulate the federal government and are designed to create risk for our agents. These laws cannot stand."

Jones said his office is reviewing the lawsuit. He said, "We remain steadfast in our mission to protect Virginians right to safe communities and transparent enforcement of the law." Delegate Alfonso Lopez, who sponsored HB 1441, stated that "This is about protecting Virginians and maintaining trust between communities and law enforcement." Lopez added that "The purpose of HB1441 is to enable state and local law enforcement to act with discretion when choosing to participate in federal operations."

The department's court filings argue the face mask ban attempts to regulate the federal government and threatens federal officers with prosecution for concealing their identities. Spanberger directed state agencies in February to end 287(g) agreements with U.S. Immigration and Customs Enforcement. State Senator Saddam Azlan Salim introduced the Senate versions of the face mask ban and immigration agreement restrictions, but he declined to comment on the specifics of the legal challenges.