(The Center Square) – A federal judge temporarily blocked Virginia’s new law requiring federal immigration officers to display identifying information and limiting when they can wear face coverings just hours before it was set to take effect Wednesday.
The preliminary injunction prevents Virginia from enforcing the law against federal officers, employees and agencies involved in enforcing federal immigration laws while the lawsuit proceeds.
The Justice Department sued Virginia on June 11, arguing the law unconstitutionally regulates federal immigration officers and puts their safety at risk.
Acting Attorney General Todd Blanche said at the time that “Virginia’s anti-law enforcement policies regulate the federal government and are designed to create risk for our agents.”
Senior U.S. District Judge Robert E. Payne found the federal government is likely to succeed in arguing the law violates the U.S. Constitution because it regulates how federal officers perform their duties. He also found enforcement could expose federal employees to a “real risk of physical harm” while carrying out immigration duties if the law took effect before the case is resolved.
Senate Bill 352 makes it a Class 1 misdemeanor for federal immigration officers to wear face coverings and fail to display identifying information while performing official duties.
In a statement to The Center Square, the Office of Attorney General Jay Jones said, “The Attorney General’s Office strongly disagrees with Judge Payne’s order and will continue defending this important law. 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.”
Bill sponsor Sen. Saddam Salim, D-Fairfax, said, “With any new law, there is always the possibility of a legal challenge. However, we crafted SB352 carefully, including reviewing recent Supreme Court decisions, to ensure it is constitutional. I am confident the appeals process will ultimately uphold this bill.”
The preliminary injunction will remain in effect while the lawsuit moves forward.
Payne also set an Aug. 3 hearing in a separate Justice Department lawsuit challenging another Virginia immigration law governing agreements between state and local law enforcement agencies and federal immigration authorities. That law was not affected by Tuesday’s ruling.
