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The Trump administration is suing Maine and three other states for not issuing new undercover license plates to immigration enforcement agents.
In an 18-page complaint filed Wednesday in U.S. District Court, the U.S. Justice Department accused Maine of discriminating against federal law enforcement for halting the issuing of new undercover license plates in January while continuing to do so for state agencies.
Similar lawsuits were filed against Massachusetts, Oregon and Washington state.
“This Department of Justice will exercise any and all lawful authorities to support the brave men and women of law enforcement,” acting Attorney General Todd Blanche said in a Thursday statement. “Law enforcement officers risk their lives every day to keep Americans safe and must be able to carry out their duties effectively. 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. These actions undermine federal immigration enforcement, allow dangerous criminals to escape justice, and terrorize American communities.”
Maine Secretary of State Shenna Bellows paused the issuing of new undercover license plates for U.S. Immigration and Customs Enforcement and Customs and Border Protection ahead of the January ICE surge, saying at the time that the pause was necessary to ensure they weren’t used for “lawless purposes.”
The pause didn’t affect previously issued uncover plates.
That came amid a nationwide backlash against ICE over its agents’ actions in Minneapolis, including the fatal shootings of two U.S. citizens.
But the Justice Department contends that Maine’s policy shift is unconstitutional, violating the U.S. Constitution’s supremacy clause and infringing upon the enforcement of federal laws.
“Maine’s restrictions are also illegal because through those restrictions on Federal Government operations, Maine seeks to regulate the Federal Government’s operations within the state by restricting which official duties an agent may execute and which federal laws the Federal Government may enforce. Under the Supremacy Clause, States do not have the power to dictate how the Federal Government executes its constitutional powers within their borders,” the lawsuit reads.
The Justice Department wants a federal judge to rule the policy unconstitutional and prevent Maine from enforcing such restrictions, as well as to award the Trump administration unspecified costs and fees.
Of the nearly 200 detained in Maine during the January ICE surge, only 11 had criminal convictions, undercutting the Trump administration’s claim that it was targeting the “worst of the worst.”