The Trump administration is challenging newly signed legislation in New Jersey that bars ICE agents from wearing masks during immigration operations. The lawsuit, filed Wednesday in U.S. District Court in Newark, contests the Law Enforcement Officer Protection Act, alleging it violates federal law by giving state officials authority over federal immigration enforcement activities. The Justice Department seeks a federal judge's order to block the law, arguing it endangers federal officers who have experienced harassment, doxing, and violence.
In the 24-page complaint, the DOJ stated that while the federal government will not comply with the law, the threat of state enforcement "chills individual officers from protecting themselves and performing their duties," with severe consequences for public safety. Assistant Attorney General Brett A. Shumate characterized the legislation as an "illegal attempt to regulate the federal government," contending that threatening officers with prosecution for protecting their identities compromises sensitive law enforcement operations and federal immigration enforcement itself.
New Jersey Attorney General Jennifer Davenport pledged to defend the law in court, arguing it "protects both law enforcement and the public by limiting the use of masking while including careful exceptions to protect law enforcement safety and operational needs." Davenport warned that allowing ICE agents to wear masks will "undermine public trust and accountability, and make it easier for criminals to impersonate our officers." She challenged the federal government to explain when and why its officials need to mask or forgo identification, citing public safety concerns tied to what she termed "anonymized policing."
Governor Mikkie Sherrill, a Democrat, previously stated that when federal immigration officers violate the law, they "undermine public trust in law enforcement and make it harder for us to keep the public safe." New Jersey Democrats and immigrant rights groups say the restrictions are necessary given an uptick in ICE operations targeting people for deportation in the state.
This is not the administration's first challenge to state mask bans. Last year, the DOJ filed a similar lawsuit against California after Democrats passed comparable legislation. A federal judge blocked California from enforcing that law. The Justice Department also sued New Jersey in February over an executive order signed by Sherrill barring ICE from using state-owned property as staging areas for operations, accusing her administration of "harboring criminal offenders" from law enforcement. The governor additionally faced criticism for launching a public website urging residents to report ICE activity, upload enforcement videos, and share "Know Your Rights" information for detained individuals.
