The Department of Justice (DOJ) has expressed concern that Virginia might follow in California’s footsteps in resisting federal immigration enforcement. Recently, the DOJ filed a lawsuit to address these concerns.
Assistant Attorney General for the Civil Division, Brett Shumate, highlighted the issue in a recent interview. He stated, “We are suing Virginia to prevent it from becoming a sanctuary jurisdiction like California.” The lawsuit was initially shared with Fox News Digital earlier in June.
The lawsuit argues that Virginia is infringing upon the Constitution by imposing regulations on federal law enforcement operations. Specifically, it targets restrictions on agents’ use of masks, identification requirements, and conditions on local cooperation with ICE.
“Under our Constitution, states do not have the right to regulate or dictate how the federal government performs its duties,” Shumate noted. This is particularly relevant in law enforcement. Recent bills in Virginia restrict law enforcement officers’ ability to wear facial coverings and mandate identification badges for federal agents.
The DOJ’s lawsuit identifies Virginia Attorney General Jay Jones and Fairfax County Commonwealth Attorney Steve Descano as defendants. These individuals have connections with groups supported by George Soros.
Shumate reports confidence in this case due to a previous court win against California. This victory came as a federal appeals court blocked California from mandating that federal immigration agents display identification during operations.
The DOJ is utilizing the same legal theory in the Virginia case. Shumate emphasizes, “The Supremacy Clause prohibits states from regulating or discriminating against the federal government.” This is what Virginia has attempted by regulating federal operations.
The Virginia laws are due to take effect on July 1. The DOJ plans to request a district court judge to prevent these laws from advancing. Virginia’s political shifts over the past 20 years see it moving from predominantly Republican to a more Democratic alignment.
Shumate warns of the severe implications of these laws, including criminal penalties that put federal agents at risk of prosecution, doxing, and harassment.
ICE has previously defended agents’ need to conceal their identities. During the previous year’s increased scrutiny and protests, ICE cited heightened threats and assaults against agents’ families.
The DOJ is monitoring similar legislative developments in other states. “Any state considering similar bills can expect us to file a lawsuit and seek an injunction,” Shumate asserted.
Reported by Ashley J. DiMella for Fox News Digital.

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