Tipsheet

DOJ: Virginia Cannot Force Federal Agents to Reveal Their Identities

Scott McClallen
Scott McClallen  |  June 13, 2026 1:15 PM

The Department of Justice filed a lawsuit against the Commonwealth of Virginia over its attempt to ban federal agents from wearing masks. 

The 47-page lawsuit filed earlier this week targets Virginia Attorney General Jay Jones and Commonwealth Attorney for Fairfax, Virginia, Steve Descano. 

The lawsuit challenges their attempt to regulate federal law enforcement officers by criminally prohibiting federal officers from wearing masks, requiring individual identifiers, and functionally banning cooperative 287(g) agreements with numerous local law enforcement agencies dedicated to helping enforce this nation’s laws.  Virginia Code, §§ 19.2-83.6:1, 15.2-1726.1.

Not only is the law an illegal attempt to regulate the federal government, but, as alleged in the complaint, the law threatens the safety of federal officers who have faced an unprecedented wave of harassment, doxing, and even violence. Threatening officers with prosecution for simply protecting their identities and their families also chills the enforcement of federal law and compromises sensitive law enforcement operations.

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


 Complaint Virginia VFINAL 508 0  by  scott.mcclallen 


The lawsuit claims that the Supremacy Clause bans states from regulating the activities of the federal government. 

"Governor Spanberger cannot tell Federal officers how to do their job,” said Associate Attorney General Stanley Woodward. "And she certainly cannot prohibit them from ensuring their own safety in conducting Federal law enforcement operations. Our suit today stops those unconstitutional efforts."

Acting Attorney General Blanche has instructed the Department’s Civil Division to identify state and local laws, policies, and practices that facilitate violations of federal laws or impede lawful federal operations. 

"The Department of Justice will steadfastly protect the privacy and safety of law enforcement from unconstitutional state laws like Virginia’s," said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division.

The lawsuit is the latest in a series of lawsuits brought by the Civil Division targeting illegal policies designed to thwart federal law enforcement across the country, including in Virginia, New Jersey, and California.