The Department of Justice (DOJ) has announced a lawsuit against Virginia, warning the state could become “the next California” in the ongoing battle over federal immigration enforcement. DOJ Assistant Attorney General for the Civil Division Brett Shumate revealed this in a Zoom interview with Fox News Digital.
The lawsuit, initially shared with Fox News Digital, argues that Virginia violates the Constitution by attempting to regulate federal law enforcement operations. This includes imposing mask restrictions on agents, mandatory identification requirements, and setting conditions on local cooperation with Immigration and Customs Enforcement (ICE).
“Under our Constitution, the states do not get to regulate or dictate how the federal government performs its duties, especially in law enforcement,” stated Shumate. “Virginia passed two recent bills, one limiting facial coverings for law enforcement and another requiring federal agents to wear identification badges.”
Acting Attorney General Todd Blanche testified during a Senate hearing in Washington, D.C. The other Virginia bill blocks cooperation agreements between local law enforcement and ICE. The lawsuit names Virginia Attorney General Jay Jones and Fairfax County Commonwealth Attorney Steve Descano, highlighting the DOJ’s confidence based on previous cases.
Earlier this year, the DOJ achieved a legal victory against California when a federal court sided with the Trump administration. The case involved blocking California from requiring federal immigration agents to show identification during operations.
The DOJ plans to file for an injunction to stop the Virginia laws from taking effect, citing potential criminal penalties that could endanger federal agents.
ICE has defended the use of agents concealing their identities, linking the need for discretion to increased threats and protests against immigration enforcement. Shumate informed that the DOJ is also monitoring similar bills in other states.
“Any state considering these types of laws could face a lawsuit, and we will seek an injunction to prevent those laws from taking effect,” added Shumate.
Ashley J. DiMella reports on politics for Fox News Digital.

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