DOJ sues 4 states in dispute over 'undercover plates' for ICE agents

The Department of Justice announced that it had filed lawsuits against four states, alleging that their denial of confidential license plates for federal agents is unconstitutional.

Maine, Washington, Oregon and Massachusetts were all hit with lawsuits May 27 from the DOJ, which alleges that their unwillingness to provide confidential, or undercover, license plates for federal immigration agents is “discriminatory” and unconstitutional.

The department had initially sent letters to representatives of each state May 12, asking that they reverse their policies.

Here’s what you should know about the lawsuits and undercover license plate policies.

‘Discriminatory and obstructionist’

According to the complaints, federal immigration agents take “certain measures to keep their activities and identities unknown to the general public and the criminals they investigate.” That includes undercover license plates, which the DOJ said, “cannot be easily tied back to their agencies through records requests or other means.”

The complaint goes on to note that undercover plates are “explicitly authorized” under each state’s laws, but that “some states have tried to obstruct the Federal Government’s immigration enforcement efforts” since President Donald Trump retook the White House in January 2025.

While each state’s complaint reads slightly different, they all hinge on the idea that to issue confidential plates to some law enforcement agencies but not others –– namely, immigration enforcement agencies –– is “discriminatory.”

“This Department of Justice will exercise any and all lawful authorities to support the brave men and women of law enforcement,” said Acting Attorney General Todd Blanche. “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.”

Unmarked vehicles, masked agents

Federal immigration agents hiding their identities, whether through unmarked vehicles or masks, has been a flashpoint in Trump’s mass deportation effort. The issue came to a head earlier this year after two people, Alex Pretti and Renee Good, were killed in Minnesota during ramped up immigration enforcement activities.

In a statement shared with USA TODAY, Massachusetts Gov. Maura Healey, a Democrat, said her administration supports the “legitimate criminal investigative” work of agencies from the local to federal level.

“But,” she added, “that’s not what we are seeing from ICE and its unconstitutional tactics.”

According to Healey, the state will not use its resources to “help ICE operate in secret, and without accountability, while refusing to provide basic information about who they are arresting and why.”

“That makes our communities less safe, undermines public trust, and will not be allowed in this state,” she said.

In Massachusetts, Healey noted, numerous federal agencies are able to apply for confidential license plates, including the FBI, DEA and ATF, with a “qualifying need.” However, agencies that deal in civil enforcement activities, which describes the vast majority of immigration enforcement actions, are not eligible.  

States push back

The governor’s offices in Maine, Washington and Oregon did not respond to USA TODAY’s request for comment prior to publication.

Washington Gov. Bob Ferguson, a Democrat, told the Seattle Times in a statement, “Judges across the country have found that the Department of Homeland Security’s tactics in conducting civil immigration enforcement routinely violate the Constitution.” He added, “That is unacceptable. Our state will not facilitate that misconduct.” 

Kevin Glenn, a spokesperson for Democratic Oregon Gov. Tina Kotek, wrote in a statement shared with Oregon Public Broadcasting, “State and local law enforcement are unaffected by this pause and the federal agencies that participate in the program are able to continue to use their existing unexpired plates.”

According to local media outlet WGME, Maine Secretary of State Shenna Bellows, a Democrat, accused ICE of "trying to become some sort of secret police."

"They should not have undercover license plates so they can seize people off the streets and spirit them away without consequences," she said.

Drew Pittock covers national trending news for USA TODAY. He can be reached at [email protected].