DOJ sues Virginia over anti-ICE policies as key anti-terror tool nears end
The Justice Department is filing a lawsuit against Virginia over new anti-ICE policies, including a controversial mask ban on federal agents. Acting AG Todd Blanche says the laws put federal officials at risk. At the same time, a major anti-terrorism tool, FISA, is set to expire tonight due to congressional inaction, raising national security concerns. Shannon Bream and Jim Jordan analyze the political situation and possible outcomes.
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A federal judge on Thursday temporarily blocked Philadelphia from enforcing a law prohibiting law enforcement officers from using masks, hidden identifiers and unmarked vehicles.
US District Judge Chad Kenney issued a preliminary injunction preventing Philadelphia from enforcing the mask ban and other restrictions against government officials before they take effect on Tuesday.
A judge ruled that the city will not dictate how officers work, joining the Justice Department, which sued last month and said the move was an “unconstitutional attempt” to control federal agents.
“When the Philadelphia City Council voted to pass House Bill No. 260060 … it attempted to override the Constitution’s clear mandate and ignore this basic legal principle that has informed American law for more than 200 years,” Kenney wrote, citing the Supremacy Clause of the Constitution, which charges that federal law preempts conflicts between state and local law.
DOJ PUSHES BLUE-STATE COUNCIL AFTER DENYING FEDERAL REQUEST
A federal judge has temporarily blocked a Philadelphia law that prohibits government officials from wearing masks on the job. (Victor J. Blue/Bloomberg via Getty Images)
“Approving the City of Philadelphia’s position would mean … municipalities can decide whether to pass their own rules governing what, when, where, and whether law enforcement officials can hide who they are,” he added.
Philadelphia’s mask ban against government officials was approved earlier this year as part of a major law passed by the City Council amid a national debate about immigration agents who have attacked immigrants across the country, and some of these agents have a history of shooting people, including two US citizens in Minneapolis in January.
The measure applies to local, state and federal law enforcement officials, but Thursday’s order prevents Philadelphia from enforcing it against federal officials. The law would prohibit covered officers from wearing masks or protecting their identities while on duty and interacting with the public, except for medical masks, religious coverings, certain tactical equipment and hazardous situations. They will also be required to wear visible badges and use marked vehicles in certain circumstances.
The law would prohibit government officials from wearing masks or protecting their identities. They will also be required to wear visible badges and use marked vehicles.
Employees may face civil and criminal penalties under this law.
“This type of direct control of the federal government by the municipality is unacceptable,” Kenney wrote.
Philadelphia Mayor Cherelle Parker, a Democrat, refused to sign the bill, saying the city attorney’s office had informed her there were serious legal issues.
The judge ruled that the city can’t dictate how government officials work. (Getty Images)
Kenney wrote that Parker “acted with public wisdom and courage to stand up for the Constitution and follow the law where it led” by not signing the measure.
But the bill was not vetoed and became law in May after Parker allowed it to take effect without his signature.
Fox News Digital has reached out to the city for comment on Thursday’s decision.
In a statement sent to Reuters, the Department of Justice praised the court’s decision and said the department “will continue to fight authorities who try to prevent President Trump’s compliance with policies that endanger agents and public safety.”
Fox News Digital has reached out to the Justice Department for comment.
SENNESOTA DOES VOTE TO BAN ICE FROM WEARING MASKS, ALLOWING CITIZENS TO SHARE THE RELIEF OF THE CONSTITUTION.
The Justice Department charged that the move was an “unconstitutional attempt” to control federal agents. (AP Photo/Ryan Murphy, File)
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These are ongoing legal battles between the Trump administration and state and local governments that have tried to pass mask bans or identification requirements for government officials.
On Tuesday, a federal judge blocked a new law in Virginia that prohibits law enforcement officers from wearing masks.
In February, a federal judge struck down a California law that prohibits government officials from wearing masks while on duty.
The Justice Department has also sued New Jersey to block a similar mask ban against government officials.
Reuters contributed to this report.
