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DOJ demands sanctuary states end 'blatantly unlawful' anti-ICE policy as a matter of life and death

By Charles Creitz

Published May 14, 2026

Fox News
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The Justice Department is ordering sanctuary states to halt a new policy trend they say is putting Department of Homeland Security agents at risk of personal harm and can cause key operations to implode.

The federal government currently works with states to disseminate "undercover" license plates for agents and officers whose identities need to be protected and who would have their cover otherwise blown if they were to use federally-issued "U.S. Government" plates.

On Thursday, Deputy Assistant Attorney General Brett Shumate issued a warning to several states, including Washington, where the department says DMVs are declining or inhibiting issuance of undercover license plates for Homeland Security operations.

In a letter to Washington Attorney General Nicholas Brown, Shumate wrote that the Washington Department of Licensing is refusing to issue such plates to DHS but continues the practice for local and state police.

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Federal agents walking during immigration enforcement operation in Minneapolis

Federal agents conduct immigration enforcement operations in Minneapolis on Feb. 5, 2026. (Ryan Murphy/AP)

Shumate said the policy discrepancy violates the Supremacy Clause of the Constitution, in that "this discriminatory policy is not only deeply dangerous as a matter of public safety but also blatantly unlawful as a matter of constitutional law."

"It should be immediately withdrawn; otherwise, the United States intends to seek judicial relief."

Shumate said Washington’s policy undermines investigations and puts law enforcement officers "at risk of harm" as they pursue dangerous terrorists, drug traffickers and fraudsters.

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Federal agents clashing with anti-I.C.E. protesters outside U.S. Immigration and Customs Enforcement building in Portland

Federal agents clashed with anti-I.C.E. protesters outside the U.S. Immigration and Customs Enforcement building in Portland, Oregon, on Oct. 12, 2025. The protests followed former President Trump's threat to deploy the National Guard. (Mathieu Lewis-Rolland/Getty)

"Suspects could be alerted to officer presence and flee, destroy evidence or take countermeasures to avoid arrest, making arrests more dangerous for all involved," he said, adding that includes the general public.

Shumate gave Brown a May 22 ultimatum to prove compliance or risk further litigation.

Earlier this year, Maine announced it would also pause granting DHS officers undercover plates, with Secretary of State Shenna Bellows telling The Hill that the state Bureau of Motor Vehicles has not revoked existing undercover plates but would pause future issuance following reports of targeted enforcement operations in the Pine Tree State.

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Oregon and Massachusetts are also reportedly in DOJ’s sights on the issue.

Fox News Digital reached out to Brown and the DOJ for comment.

Charles Creitz is a reporter for Fox News Digital. 

He joined Fox News in 2013 as a writer and production assistant. 

Charles covers media, politics and culture for Fox News Digital.

Charles is a Pennsylvania native and graduated from Temple University with a B.A. in Broadcast Journalism. Story tips can be sent to charles.creitz@fox.com.

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