The Department of Justice filed lawsuits Thursday against four Democrat-led states over their refusal to issue undercover license plates to Immigration and Customs Enforcement agents, escalating a months-long standoff over immigration enforcement authority. The department had issued an ultimatum to Maine, Massachusetts, Oregon and Washington on May 22, demanding they provide the specialized plates that allow federal agents to conduct surveillance without alerting targets.
The DOJ argues the states' refusal unlawfully discriminates against federal law enforcement and violates the Constitution's Supremacy Clause, which establishes federal law as supreme over conflicting state laws. Justice Department Civil Division Assistant Attorney General Brett Shumate issued the ultimatum before Thursday's legal filing. The lawsuits seek to compel the states to issue undercover plates for ICE vehicles conducting civil immigration operations.
What the Left Is Saying
Massachusetts Gov. Maura Healey said her state supports law enforcement in legitimate criminal investigations and will issue confidential plates to local, state and federal agencies for that purpose. She distinguished those cases from civil immigration enforcement, which covers most immigration violations.
"But that's not what we are seeing from ICE and its unconstitutional tactics," Healey said in a statement. An official in her office clarified that Massachusetts does issue undercover plates to federal agents but only when investigating criminal offenses, not civil infractions.
Washington Gov. Bob Ferguson said his state voluntarily provides hundreds of undercover plates annually for criminal investigations while working with federal partners on public safety. He pointed to court rulings finding DHS tactics in civil immigration enforcement have violated the Constitution.
"That is unacceptable," Ferguson said in a statement. "We look forward to defending this lawsuit."
Oregon Gov. Tina Kotek's office said she expects the state's Department of Motor Vehicles to communicate next steps following its review of undercover plate policies. Oregon has implemented a general moratorium on issuing undercover plates to federal agents.
What the Right Is Saying
Acting Attorney General Todd Blanche defended the lawsuits, saying the Justice Department will exercise all lawful authorities to support law enforcement officers who "risk their lives every day to keep Americans safe."
"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 said in a statement.
The DOJ lawsuits argue the states cannot dictate how the federal government executes its constitutional powers within their borders. The legal filings cite the Supremacy Clause as the basis for compelling state compliance with federal vehicle registration requirements for immigration enforcement operations.
What the Numbers Show
Four states are named in the DOJ lawsuits: Maine, Massachusetts, Oregon and Washington. All are led by Democratic governors. The ultimatum deadline was May 22. The DOJ announced the lawsuits on Thursday of this week, following the expiration of that deadline without state compliance.
Conservative legal experts have expressed skepticism about the DOJ's legal theory. Charles "Cully" Stimson, a senior legal fellow at the Heritage Foundation, told Fox News Digital that federal law preempts conflicting state law but requires an actual conflict between state and federal statutes.
"There is no law in my mind that is conflicting with federal law," Stimson said. "You simply have state actors refusing to do something." His assessment suggests the DOJ faces legal obstacles in compelling states to issue specific license plate configurations under the Supremacy Clause framework.
The Bottom Line
The lawsuits represent a test case for using the Supremacy Clause to compel state administrative compliance with federal enforcement preferences. If successful, the DOJ's approach could establish precedent allowing the federal government to mandate state agencies take specific actions supporting immigration enforcement. If unsuccessful, it would reinforce state discretion over how, if at all, to assist civil immigration operations. The cases are expected to work through federal courts and could ultimately reach appellate consideration depending on initial rulings.