RICHMOND, Va. —The U.S. Department of Justice filed a lawsuit against the Commonwealth of Virginia, Virginia Attorney General Jay Jones, and Fairfax Commonwealth Attorney Steve Descano, challenging state laws that prohibit federal law enforcement officers from wearing masks and require them to display individual identifiers.
The lawsuit also challenges Virginia laws that the DOJ said functionally ban cooperative 287(g) agreements between federal agencies and numerous local law enforcement agencies.
The Justice Department argues the laws — Virginia Code §§ 19.2-83.6:1 and 15.2-1726.1 — are an unconstitutional attempt by the state to regulate the federal government. The complaint also claims the laws threaten the safety of federal officers who have faced harassment, doxing, and violence, and that the threat of criminal prosecution chills federal law enforcement and compromises sensitive operations.
The governor's office sent a response that, quote, “As a former federal law enforcement officer, Governor Spanberger knows transparency, accountability, and a commitment to earning the public’s trust are prerequisite to upholding the rule of law and keeping Virginians safe. Law enforcement officers wearing masks on American streets undercuts these basic expectations of accountability, sows fear and confusion, and erodes the public trust that police have worked for years to build within their communities.”
"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," Acting Attorney General Todd Blanche said in a statement. "Virginia's anti-law enforcement policies regulate the federal government and are designed to create risk for our agents. These laws cannot stand."
The office of Attorney General Jay Jones said they are reviewing the complaint, and "we remain steadfast in our mission to protect Virginians right to safe communities and transparent enforcement of the law.”
Blanche has instructed the Civil Division to identify state and local laws, policies, and practices that facilitate violations of federal law or impede lawful federal operations.
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