The Department of Justice (DOJ) has notified several sanctuary states that it intends to take legal action against their newly adopted policies prohibiting federal law enforcement agencies from obtaining undercover license plates to obstruct Immigration and Customs Enforcement (ICE) operations. According to the DOJ, the states’ “discriminatory policies” put the safety of federal officers at risk and are also unconstitutional.

The targeted states include Washington, Oregon, Maine, and Massachusetts, all of which are Democratic-run. 

“Sanctuary policies that obstruct ICE from performing its lawful mission to protect public safety are inexcusable,” said US Acting Attorney General Todd Blanche. “Removing criminal aliens from American communities is a priority, and unconstitutional actions that prevent this will be dealt with.”

Although the policies of the notified states are similar, the extent to which federal agencies are barred from obtaining undercover license plates varies. Washington state and Oregon will not issue undercover plates to all Department of Homeland Security (DHS) agencies, including ICE and Homeland Security Investigations (HSI), whereas Massachusetts will allow HSI but not ICE to obtain them, and Maine will only distribute plates to federal agencies that declare the registered vehicle will not be used for civil immigration enforcement.

The Department of Justice claims that such policies violate the Supremacy Clause of the United States Constitution. Brett Schumate, Assistant Attorney General for the DOJ Civil Rights Division, issued the states a May 22 deadline to rescind their policies or face ramifications.

In a letter sent to Washington state Attorney General Nick Brown on Tuesday, Schumate wrote: “It has come to my attention that Washington State Department of Licensing is refusing to issue undercover license plates to all Department of Homeland Security components, while continuing to issue such plates to state and local law enforcement agencies. This discriminatory policy is not only deeply dangerous as a matter of public safety but also blatantly unlawful as a matter of constitutional law. It should be immediately withdrawn; otherwise, the United States intends to seek judicial relief.”

Schumate 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. 

Similar letters were also sent on Tuesday to Oregon Governor Tina Kotek, Massachusetts Governor Maura Healey, and Maine Attorney General Aaron Frey.