DOJ Sues Maine, Massachusetts, Oregon, and Washington Over Refusal to Issue ICE/CBP Agents Undercover License Plates

The Trump Department of Justice filed four federal lawsuits on May 28, 2026 against the Democratic-led states of Maine, Massachusetts, Oregon, and Washington for refusing to issue confidential/undercover license plates to ICE and Customs and Border Protection agents — with the suits widely reported on May 29. The administration had warned the four states on May 12 to comply or face legal action; when they did not, DOJ followed through. The suits rest on two theories: first, that the states violate the Supremacy Clause by obstructing exclusive federal immigration enforcement authority; second, that they engage in discriminatory treatment by issuing identical undercover plates to their own state law enforcement agencies while denying them to federal agents. Acting Attorney General Todd Blanche stated: '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.' Massachusetts Governor Maura Healey said the state restricts confidential plates to criminal law enforcement only — since ICE primarily conducts civil (not criminal) enforcement, it does not qualify, the same standard applied to the Massachusetts Department of Revenue and the IRS. Healey cited ICE 'separating children from parents, arresting U.S. citizens, and assaulting protesters' as reasons not to help agents 'operate in secret.' Maine Secretary of State Shenna Bellows had paused the confidential plate program in January 2026; Maine AG Aaron Frey said the refusal reflects a constitutional choice not to facilitate civil immigration enforcement. Bellows stated: 'What ICE did in Maine and continues to do was terrorize our friends and neighbors.' Oregon and Washington declined to comment. The DOJ seeks judicial declarations nullifying the state restrictions and court orders forcing immediate resumption of undercover plate programs for federal agents. The lawsuits come amid broader Trump administration pressure on state governments to cooperate with ICE — including threats to withhold federal funding from sanctuary jurisdictions and the 287(g) expansion program offering local agencies $100,000+ in vehicles and equipment. Legal experts noted the Supremacy Clause argument is strong when states are actively obstructing federal law enforcement, but courts may have to weigh whether states' distinction between civil and criminal enforcement constitutes a facially neutral policy rather than unlawful federal discrimination.