The supremacy clause is a part of the Constitution that says states can't tell the federal government what to do. That's why a new law prohibiting ICE officers from wearing masks is on hold for now after a federal judge issued an injunction.
The bill was signed by Governor Abigail Spanberger and introduced by Senator Saddam Salim, a Democrat from Fairfax County.
"This bill was never about interfering with legitimate federal law enforcement work," Salim says. "It was always about making sure that if they step in Virginia, and they have a legitimate claim, 'Hey, we want to go arrest someone,' then you, as somebody who's in your house, or in a shopping center, or at a courthouse, have the right to know who and what type of law enforcement this is."
Legal expert Rich Kelsey says he assumed the bill was always about prompting a conversation or scoring political points rather than changing policy.
"It's political mojo wrapped up as a law. As much as people don't like federal agents wearing masks, a very fascinating policy discussion is well worth having. The truth of the matter is," Kelsey says, "individual states can't pass laws that regulate how federal law enforcement wears its uniform or does its job."
The new law would have gone into effect this month, making it a class one misdemeanor for ICE agents to wear masks. But that law is on hold for now while the courts consider an appeal from Attorney General Jay Jones.
