DOJ Warns Sanctuary States Over Undercover Plates
The Justice Department is turning up the heat on states that are slowing or blocking undercover license plates for federal agents. The issue sounds small on paper. It is not. Officials say it can blow cover, stall investigations, and put officers in danger.
On Thursday, Deputy Assistant Attorney General Brett Shumate sent a warning to several states, including Washington, after reports that motor vehicle agencies were refusing to issue the special plates for Homeland Security personnel. The plates are used when agents need to stay hidden during sensitive operations. Without them, a federally issued plate can give away who is behind the wheel.
In a letter to Washington Attorney General Nicholas Brown, Shumate said the state Department of Licensing was refusing to issue the undercover plates to DHS, even while still providing them to local and state police. He said that split treatment violates the Constitution and creates a serious public safety problem.
Shumate wrote 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.” He added, “It should be immediately withdrawn; otherwise, the United States intends to seek judicial relief.”
The department says the policy can interfere with active cases involving terrorists, drug traffickers, and fraud suspects. If an undercover vehicle stands out, suspects may flee, destroy evidence, or make other moves to avoid arrest. As Shumate put it, “Suspects could be alerted to officer presence and flee, destroy evidence or take countermeasures to avoid arrest, making arrests more dangerous for all involved,” and that risk can spill over to the public too.
Washington is not the only state under scrutiny. Maine recently said it would pause new undercover plate issuance for DHS officers, while keeping existing plates in place. Oregon and Massachusetts are also reportedly on the DOJ’s radar. Shumate gave Washington until May 22 to show compliance or face further legal action.
For federal law enforcement, the dispute is not about paperwork. It is about keeping agents hidden long enough to do the job safely. And the DOJ is making clear it does not plan to let sanctuary policies get in the way.