Trump admin sues over WA denying DHS, ICE undercover license plates

The Trump administration sued Washington state Wednesday over its practice of denying undercover license plates to U.S. Department of Homeland Security agents, including immigration officials.

State officials informed Homeland Security Investigations, an agency under DHS, in January that it had suspended the issuance and renewal of confidential and undercover license plates for DHS-affiliated entities, but not state or local agencies. The state is also requesting DHS turn in all current undercover plates.

The federal government said in the complaint that the new policy is "discriminatory and a blatant violation of the intergovernmental immunity doctrine embodied within the Supremacy Clause," which generally prevents states from directly regulating the federal government.

The policy must be declared unconstitutional and invalid, and it must be enjoined, read the complaint, filed in the Eastern District of Washington.

Washington - which has championed its reputation as a "sanctuary" state - has taken steps to curb the Trump administration's aggressive immigration crackdown. Earlier this year, the state banned law enforcement officers from wearing face-concealing masks when interacting with the public.

In a statement, Gov. Bob Ferguson said, "We look forward to defending this lawsuit."

"Judges across the country have found that the Department of Homeland Security's tactics in conducting civil immigration enforcement routinely violate the Constitution," Ferguson said. "That is unacceptable. Our state will not facilitate that misconduct."

The Trump administration filed similar suits against Maine, Oregon and Massachusetts, which also deny undercover plates to some federal agents. Other state officials note the denials help keep people safer by not assisting potentially dangerous immigration enforcement tactics of unidentified federal officials.

Washington's Department of Licensing began denying DHS requests to obtain and renew undercover license plates and registrations in or around October, according to the lawsuit.

State officials told the federal government it's reviewing DHS activities to determine whether they conform with rules governing the state's undercover license plate and registration program, as well as the Keep Washington Working Act, a 2019 law restricting state agencies and law enforcement from working with immigration enforcement.

Federal officials argue the use of confidential and undercover license plates, which cannot easily be tied back to their agencies, allows agents to stay safe and "keep their activities and identities unknown."

"Protecting the identities of DHS officers is necessary in part due to the increasing threats of targeted harassment and retaliation against federal officers and agents for simply doing their jobs," the lawsuit stated.

Agents could be identified and tracked to their homes, and suspects could be alerted to an officer's presence and flee or destroy evidence, wrote U.S. Assistant Attorney General Brett Shumate in a letter to state Attorney General Nick Brown dated May 12 and posted on X.

In response, Brown sent a May 22 letter noting Washington still issues hundreds of undercover plates every year for criminal investigations to federal agencies, including the Federal Bureau of Investigation, the Drug Enforcement Administration, the U.S. Marshals Service and the U.S. Secret Service.

Brown wrote that states have a constitutional right under the Tenth Amendment to refrain from assisting with federal efforts. Ramped-up immigration enforcement across the country has resulted in significantly more people in ICE custody, resulting in injury and death for some, Brown noted.

U.S. citizens, including children, have also been arrested and detained by ICE. Two Americans, Renee Good and Alex Pretti, were shot and killed this year by federal agents during protests against a surge in ICE operations in Minneapolis.

"The Supremacy Clause does not require Washington to affirmatively commit its resources to facilitate these lawless acts, which have provoked fear in our residents and undermined public trust in law enforcement," Brown wrote.

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