DOJ sues several sanctuary states for blocking DHS, federal agencies from obtaining undercover license plates to hinder ICE operations

In addition to being unconstitutional, the DOJ said in a press release that the state policies endanger the safety and operational effectiveness of federal agents who have been subjected to a wave of targeted harassment. "Law enforcement officers risk their lives every day to keep Americans safe and must be able to carry out their duties effectively," said Acting Attorney General Todd Blanche.

"By denying undercover license plates to DHS components, including ICE, while issuing them to their own state agencies, these governors are pursuing discriminatory and obstructionist policies against federal law enforcement," Blanche continued. "These actions undermine federal immigration enforcement, allow dangerous criminals to escape justice, and terrorize American communities."

Washington and Oregon have banned all Department of Homeland Security (DHS) agencies, such as US Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), and Customs and Border Protection (CBP), from obtaining undercover license plates, while Oregon has banned all federal agencies, including the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Alcohol, Tobacco, and Firerams (ATF).

Massachusetts will allow HSI but not ICE to obtain undercover plates, and Maine will only distribute such plates to federal agencies that declare the registered vehicle will not be used for civil immigration enforcement, according to the lawsuits.

The complaints were filed after the Department of Justice Civil Rights Division sent letters to the states earlier this month demanding that the policies be rescinded by May 22 or face consequences. None of the states complied.

In each lawsuit, the DOJ argued that the policies violate the Supremacy Clause of the US Constitution, which establishes that federal law takes precedence over state law. Brett Schumate, Assistant Attorney General for the DOJ Civil Rights Division, previously asserted that such policies "undermine ongoing investigations and put federal law enforcement officers at risk of harm," including federal officers who conduct investigations into a myriad of "serious crimes, including drug trafficking, weapons trafficking, human trafficking, terrorism, and fraud."

"The investigation into such crimes and the criminal enterprises involved often require covert surveillance and undercover activities," Schumate continued. "Federal law enforcement officers' duties also include locating missing children, apprehending fugitives, safeguarding people under federal protection, and transporting dignitaries. If federal law enforcement vehicles are readily identifiable, either by a government plate or through a state plate and registration that is subject to public exposure through an information request, then officers, their families, and people under their protection will all be at risk. Officers could be identified and tracked to their homes."

Additionally, Schumate stated that such policies are troubling in the current environment, as ICE and other federal immigration officers have been the targets of "threats, doxing, and harassment" due to the current anti-ICE environment in Democratic-run states and cities across the nation.

Washington, Oregon, Maine, and Massachusetts have not yet publicly commented on the lawsuits.