Maine Denied ICE Covert Plates, Citing Risk of Lawless Use
Maine Secretary of State Shenna Bellows denied a federal request for covert license plates one week before a large-scale U.S. Immigration and Customs Enforcement operation launched in January 2026. She cited the need for assurances that Maine plates would not be used for unlawful purposes. State law gives her that discretion.
After denying the request, Bellows updated state policy to require that any application for covert plates include written assurances the plates would not be used for civil immigration enforcement. Maine Attorney General Aaron Frey defended both the denial and the new policy.
The Anticommandeering Doctrine Protects States From Federal Conscription
The Trump administration filed suit in May 2026, naming both Bellows and Governor Janet Mills. A coalition of Maine legal groups responded by filing a friend-of-the-court brief in U.S. District Court on August 4, 2026, arguing the case should be dismissed.
The brief relies on the anticommandeering doctrine, rooted in the Tenth Amendment and expanded by a 1992 U.S. Supreme Court ruling. That doctrine bars the federal government from ordering states to enact or administer federal regulatory programs.
“As a dual sovereign with the federal government, the State of Maine has authority to allocate its resources according to its own priorities and cannot be forced to issue undercover Maine license plates to immigration officials.”
Friend-of-the-court brief, U.S. District Court, August 4, 2026
The coalition includes the ACLU of Maine, the Immigrant Legal Advocacy Project, Pine Tree Legal Assistance, and two professors from the University of Maine School of Law’s Refugee and Human Rights Clinic.
What Was at Stake During the January 2026 ICE Operation
The ICE operation began in January 2026 amid a surge in enforcement activity that included federal agents shooting and killing U.S. citizens in Minnesota. Bellows received the plate request in that same window, before the operation launched in Maine.
Emma Bond, a staff attorney with the ACLU of Maine, put the constitutional argument plainly:
“The U.S. Constitution incorporates principles of dual sovereignty that prevent the federal government from conscripting states to assist in the enforcement of federal programs, including immigration enforcement.”
Emma Bond, Staff Attorney, ACLU of Maine, August 4, 2026
The case is now before U.S. District Court. If the court sides with the Trump administration, it could force Maine to provide covert plates and set a precedent that undermines other states’ ability to withhold resources from federal immigration operations.
What You Can Do Now
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Call your Maine state legislators at (207) 287-1400 and ask them to pass legislation codifying Bellows’ updated covert plate policy into state law. A statutory requirement is harder to overturn than an administrative policy.
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Contact Governor Janet Mills’ office at (207) 287-3531 and urge her to publicly commit to defending Bellows and AG Frey in court. Ask her office to fund outside counsel if needed.
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Contact the Maine Attorney General’s office directly at (207) 626-8800 and express support for AG Aaron Frey’s defense of the state’s covert plate policy. AG offices track constituent calls.
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If you are a Maine resident, contact your U.S. senators at (202) 224-3121 and ask them to oppose any federal legislation that would require states to provide material support for civil immigration enforcement operations.
Sources
- Airline workers reportedly decline to help US agents as Trump migrant crackdown accelerates — Guardian US Politics (2026-08-06)
Maine Morning Star: Maine Legal Groups Back State’s Refusal to Issue Covert Plates to Federal Agents
ACLU of Maine: Statement on Anticommandeering and Immigration Enforcement
Oyez: New York v. United States, 1992 Anticommandeering Doctrine Ruling
Brennan Center for Justice: How States Can Limit Cooperation With Federal Immigration Enforcement
Maine Morning Star: ICE Field Office and January 2026 Operations in Maine