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DOJ Sues Four States Over Refusal to Issue Undercover License Plates

The Department of Justice filed four separate lawsuits in federal district courts on May 28, 2026, against Maine, Massachusetts, Oregon, and Washington, alleging that each state's policy of denying confidential license plates to federal law enforcement agents is unconstitutional and obstructs immigration enforcement operations [1]. The suits name Department of Homeland Security components, including Immigration and Customs Enforcement and Customs and Border Protection, as the affected agencies [1][2]. Acting Attorney General Todd Blanche characterized the state policies as discriminatory and obstructionist in a statement accompanying the filings [1].

The complaints rest on Supremacy Clause grounds, arguing that state motor vehicle policies cannot be applied in a manner that selectively disadvantages federal agencies conducting lawful operations [1][2]. Undercover license plates, which display registration data that does not trace back to a law enforcement agency in public databases, are a standard operational tool for federal agents conducting surveillance and covert investigations. The DOJ contends that denying access to such plates specifically to DHS components engaged in immigration enforcement constitutes targeted interference with federal authority [1][3]. Officials from the named states defended their policies as legitimate exercises of state authority and consistent with federalism principles [2].

The filings land amid broader federal-state conflict over immigration enforcement. The Trump administration has filed or threatened litigation against multiple Democratic-governed states over sanctuary policies, cooperation with ICE detainers, and information-sharing restrictions [2]. Maine Attorney General Aaron Frey and Secretary of State Shenna Bellows have previously taken public positions resisting federal immigration enforcement directives, and Washington Attorney General Nick Brown has been a named party in prior federal-state confrontations [2]. None of the four states had issued formal public legal responses to the specific complaints as of the filing date.

Each lawsuit was filed in the federal district court corresponding to the defendant state, positioning the cases before courts that will assess whether the state policies unconstitutionally impede federal operations or, alternatively, whether they represent permissible exercises of state administrative authority under the Tenth Amendment [1][3]. The cases are likely to generate parallel briefing schedules, and the DOJ may seek preliminary injunctive relief to compel plate issuance while litigation proceeds. Consolidation or coordinated briefing across the four districts is possible but has not been announced. The outcomes will carry significant precedential weight for the boundaries of state discretion in administering programs that touch on federal law enforcement access.

References

[1]DOJ Office of Public Affairs. (2026, May 28). Justice Department Sues States for Denying Undercover License Plates to Federal Law Enforcement. https://www.justice.gov/opa/pr/justice-department-sues-states-denying-undercover-license-plates-federal-law-enforcement
[2]ABC News. (2026, May 28). Trump's DOJ sues 4 Democratic-run states over denying undercover license plates for federal agents. https://abcnews.com/US/wireStory/trumps-doj-sues-4-democratic-run-states-denying-133386484
[3]Police1. (2026, May 28). DOJ sues 4 states over denying undercover license plates for federal agents. https://www.police1.com/federal-law-enforcement/doj-sues-4-states-over-denying-undercover-license-plates-for-federal-agents

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