Judge stops Virginia law enforcement face mask law from taking effect

Emma Rose Brown, The Virginian-Pilot on Jul 2, 2026

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A federal judge on Tuesday blocked Virginia’s new law barring law enforcement from wearing face masks, just hours before it was set to take effect.

The law, signed by Gov. Abigail Spanberger in May, would have prevented officers from wearing facial coverings except in limited circumstances and required most agents to display identification while on duty.

A spokesperson for Spanberger said, “as a former federal law enforcement officer, Governor Spanberger knows transparency, accountability, and a commitment to earning the public’s trust are prerequisite to upholding the rule of law and keeping Virginians safe.”

“Law enforcement officers wearing masks on American streets undercuts these basic expectations of accountability, sows fear and confusion, and erodes the public trust that police have worked for years to build within their communities,” the spokesperson said. “Importantly, the Governor also strongly supports commonsense exemptions for undercover officers, SWAT teams, and officers who are exposed to toxic substances — and made amendments to specifically make sure those exemptions were clear in the final law.”

The Department of Justice filed suit June 11, challenging both the mask law and an immigration enforcement measure that would have limited cooperation agreements between local law enforcement and corrections facilities and ICE. The law included twelve conditions ICE would be required to meet when contracting with local agencies.

The federal department argued that states do not have the authority to regulate federal government action under the Constitution’s Supremacy Clause.

“For over 200 years, the Supreme Court has repeatedly recognized that states have no authority to regulate the Federal Government’s operations…Virginia’s Governor and Legislature apparently disagree with that well-established precedent.”

U.S. District Judge Robert Payne wrote in his order that the government’s challenge is likely to succeed, citing the Supremacy Clause and “evidence that enforcement of the Mask/Identity Statute would expose federal employees to real risk of physical harm.”

In a filing, the state said there is “no known instance of a federal officer being physically attacked due to doxing.”

The face mask ban and identification requirement arose from heightened concerns and fear across the state stemming from ICE officers conducting mass arrests while concealing their identities.

Sen. Saddam Salim, the patron of the bill’s Senate version, said in a statement that the law was designed to “ensure it is constitutional” and that he is “confident” it will be upheld on appeal.

“Instead of challenging these reasonable restrictions, the Department of Justice should seek accountability for the actions of poorly trained ICE agents, release the Epstein files, and investigate the Trump organization’s unprecedented corruption,” Salim said.

The office of Attorney General Jay Jones said in a statement that it “strongly disagrees” with the ruling and will continue defending the 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,” the statement said.

Payne will rule on the challenge to the ICE cooperation agreement law at a later date.

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