Judge blocks Virginia from banning law enforcement officers from wearing masks

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A federal judge on Tuesday temporarily blocked Virginia officials from enforcing a ban on law enforcement officers wearing face coverings, hours before it was set to take effect, dealing another blow to Democratic efforts to limit federal immigration actions.

U.S. District Judge Robert E. Payne in Richmond issued a preliminary injunction in a lawsuit brought by the Justice Department, ruling that the measure was an unconstitutional attempt to regulate the federal government. The injunction will remain in place until the case is adjudicated.

In a three-page ruling, Payne found that the requirements of the mask law amounted to “impermissible state regulation” that undermined federal authority. He also said the law could “expose federal employees to real risk of physical harm in, and in connection with, the discharge of their duties when enforcing federal immigration law and policy.”

Virginia Attorney General Jay Jones (D) said his office “strongly disagrees” with the judge’s order and plans to appeal.

“We remain steadfast in our mission to support law enforcement, keep Virginians safe, and protect every Virginian’s right to the transparent administration of the law,” Jones said through a spokesperson.

A spokesman for the U.S. Attorney for the Eastern District of Virginia, which argued the government’s case, declined to comment on the ruling.

The legislation, which was set to take effect Wednesday, would bar law enforcement officers from wearing masks on the job, with some exceptions, and requires officers to display visible identification. Violating the statute would count as a misdemeanor offense and could result in disciplinary action.

Federal agents began regularly wearing face coverings during immigration raids last year, largely to avoid being identified by protesters.

Virginia Gov. Abigail Spanberger (D) signed the mask legislation in May, along with a host of other measures aimed at limiting the enforcement of Trump’s immigration policy. Among them: an executive order banning immigration agents from carrying out arrests on state property without a warrant.

The Justice Department argued in court that the mask law violated the Constitution’s Supremacy Clause because states could not regulate federal agencies. It also said that federal agents needed to be able to shield their identities from activists threatening to harass them and their families.

“State restrictions on facial coverings and identification requirements pose serious safety and operational concerns for federal law enforcement officers, including jeopardizing operations, doxing of officers, and chilling of law enforcement efforts,” the Justice Department wrote in a court filing.

The Justice Department alleged that U.S. Immigration and Customs Enforcement officers have faced increased harassment and threats, citing several alleged incidents of activists blocking traffic during operations and publicly sharing officers’ personal information.

Virginia argued that the mask law is constitutional because it applied to all law enforcement, unlike a measure in California that was blocked by a judge because it targeted federal agencies. The state also disputed the administration’s assertion that banning face coverings would endanger federal agents.

“There is no known instance of a federal officer being physically attacked due to doxing,” the state alleged in a filing.

The Justice Department’s lawsuit initially named Fairfax County Commonwealth’s Attorney Steve Descano (D) as a defendant but agreed to remove him after he argued that a statewide injunction would apply to him anyway. Descano is the top prosecutor in the populous Northern Virginia county that has become a target for conservatives over local immigration policies, leading to a contentious congressional hearing and an ongoing Justice Department civil rights investigation.

In a statement Wednesday, Descano said the Justice Department had singled him out as an attack on Fairfax County and that he was pleased to be removed from the case.

“I will continue to stand up for people who target our community and to seek justice for Fairfax residents, as always, within the law,” Descano said through a spokesperson.

The Justice Department lawsuit also challenges a separate bill prohibiting state and local law enforcement from entering into 287(g) agreements, which allows ICE to deputize local law enforcement agencies to facilitate immigration arrests.

Payne did not rule on the 287(g) bill, writing in an order that he would schedule a separate hearing for arguments.

At least 28 law enforcement agencies in Virginia have existing agreements with ICE. It was not immediately clear Wednesday whether the state would enforce those restrictions.

The ruling is another setback for Virginia Democrats after two state judges recently paused enforcement on a ban on certain assault-style firearms that was also set to take effect Wednesday. The Justice Department has also sued to block the assault weapons ban.

Liam Bowman is an intern on the Metro desk. He received a Master’s Degree in Journalism from the University of Maryland, where he was a reporting fellow at the Howard Center for Investigative Journalism. He previously wrote for local newspapers in Virginia.