Virginia asks appeals court to revive ban on masked ICE agents and limits on local cooperation

Virginia asked a federal appeals court on Tuesday to bring back two state laws aimed at what it calls rising misconduct in federal immigration enforcement. One law bars U.S. Immigration and Customs Enforcement (ICE) officers from wearing masks. The other limits how ICE can work with local governments. The hearing was held in Richmond before the Fourth Circuit Court of Appeals. ¹

Why the laws are on hold

U.S. District Judge Robert Payne, an appointee of President George H.W. Bush, stopped enforcement of the laws at the federal government's request. He ruled that the mask law likely violates a doctrine called intergovernmental immunity and the Constitution's supremacy clause. ¹ Intergovernmental immunity generally keeps states from regulating the federal government. The supremacy clause makes federal law the highest law of the land.

Payne's ruling came June 30, hours before the mask law was to take effect. Attorney General Jay Jones, a Democrat, said he strongly disagreed and would keep litigating. ²

Payne also found that the second law likely violates the Constitution's contracts clause and the same immunity doctrine. That law covers 287(g) agreements, which let local police help enforce federal immigration law. ¹ The Department of Homeland Security reports more than 2,600 such agreements across 38 states and two territories. ¹

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What each side argued

State attorney Tillman Breckenridge said the cooperation law regulates ICE rather than localities. Under it, ICE must refrain from enforcement at schools, churches and polling places. It must also refrain from using surveillance technology, and it cannot assist in operations without a valid judicial warrant, subpoena or detainer. ¹

Breckenridge said the mask law does not stop the government from doing its job. He called it "a law of general applicability" that applies to everyone in Virginia, including law enforcement. ¹ He added that nothing about immigration officers' duties requires them to be anonymous. ¹

Federal attorney Megan Owen said states can regulate the federal government only if Congress allows it. She argued the law singles out federal officers. ¹

This law directly and expressly targets federal law enforcement officers, and Virginia is not allowed to do that,

Judge Toby Heytens, a Biden appointee, pressed both sides. He asked Breckenridge to name one decision that upheld a state regulation of federal officers while they perform federal duties. Breckenridge said he could not identify a decision finding that something that does not stop the government "in its tracks" is a regulation. ¹

The panel also includes Judges DeAndrea Gist Benjamin, a Biden appointee, and Robert King, a Clinton appointee. The state attorney general's office declined to comment, and the Justice Department did not respond to an inquiry. ¹

What happens next

The wire report does not say when the panel will rule. Governor Abigail Spanberger, a Democrat, signed the mask bill May 20. She also issued an executive order in February dissolving cooperation agreements with state law enforcement. ¹²

Her office has defended the mask law. A spokesperson said officers wearing masks on American streets "undercuts these basic expectations of accountability." ²

That matters because the outcome could shape what other states can do. Virginia's lawyer could not cite a prior case upholding a state rule like this. Still, the state argues a mask rule that treats all officers alike does not block federal work. The panel's questions suggest both sides face hard questions.

The Record

1. Feb 1, 2026Gov. Abigail Spanberger issued an executive order dissolving cooperation agreements with state law enforcement (February; exact day not given) ¹
2. May 20, 2026Spanberger signed SB 352, the mask bill ²
3. Jun 30, 2026Judge Robert Payne blocked the mask law hours before it took effect ²
4. Oct 27, 2026Virginia argued before a three-judge Fourth Circuit panel to lift the block ¹

Sources

1. Courthouse News, “ICE, Virginia square off at Fourth Circuit over masks, local cooperation” (2026-10-27). courthousenews.com/ice-virginia-square-off-at-fourth-circuit
2. WDBJ7, “Federal judge blocks new Va. law barring law enforcement from wearing masks on duty” (2026-07-01). wdbj7.com/2026/07/01/federal-judge-blocks-new-va-law-barring

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