Trump administration sues N.J. over law barring ICE from wearing face coverings

The Trump administration is suing New Jersey over a law banning law enforcement agents from wearing masks during routine operations, arguing the state lacks the authority to regulate federal law enforcement. 

Gov. Mikie Sherrill signed the bill in March; the legislation was pointed toward federal immigration agents, who have drawn scrutiny for their widespread use of face coverings. 

Critics say Immigration and Customs Enforcement agents embrace the use of masks to dodge accountability for their aggressive tactics; they also say it allows civilians to impersonate law enforcement agents easily. The Trump administration, meanwhile, says face coverings are needed to protect the identity of the agents, who they say are facing an increase in threats.

“Officers face a choice of whether to unmask and identify themselves when it may be dangerous to themselves, others, and the operation, or face the threat of enforcement,” states the lawsuit. “Either option presents serious risks and harms and purposefully works to chill the enforcement of federal law.”

The law bars local, state, and federal law enforcement officers from wearing face coverings during routine duty — the legislation includes exceptions for undercover officers and those facing threats of retaliation. 

In a statement, Attorney General Jennifer Davenport said the legislation is constitutional and necessary, and that she would fight the lawsuit in court.

“The New Jersey Law Enforcement Officer Protection Act 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 said. “To this day, the Federal Government still cannot explain when its officials need to mask or forgo identification in violation of this law, or why they actually need to do so, particularly given the serious safety concerns inherent in anonymized policing.”

The Trump administration argues that the law is “materially identical” to one struck down in California. New Jersey legislators said California’s law was too narrow in scope and have argued their bill, which applies to all law enforcement officers at every level, will hold up.

They also pointed to a federal appeals court that ruled New Jersey could not bar private-prison companies from opening immigration detention centers with the federal government. 

“New Jersey has steadfastly refused to learn this lesson,” the lawsuit states. “S3114 is even more obviously unconstitutional, as it directly, purposefully, and dangerously regulates all federal law enforcement officers in the performance of their official federal duties. Such blatant disregard for the Constitution is not merely a political statement, but is instead deliberate action that jeopardizes the public safety of all Americans.”

The suit, filed Wednesday in U.S. District Court for New Jersey, names New Jersey, Gov. Mikie Sherrill, and Davenport as defendants. The complaint asks a judge to declare the law constitutional and to enjoin New Jersey from attempting to enforce it.

It also states that the Trump administration will not comply with the law, apparently even if it is upheld.

“To be clear, the Federal Government will not comply with this blatantly unconstitutional law,” the complaint states. “But the threat of enforcement by Defendants chills individual officers from protecting themselves and performing their duties. The consequences for public safety are severe.”

Lawyers for New Jersey and the Trump administration are evidently getting to know each other well. New Jersey has led or joined more than four dozen lawsuits against the Trump administration. The White House, meanwhile, is suing New Jersey over an executive order limiting ICE’s use of state property and for its voter registration data. 

“New Jersey responded thoughtfully and carefully to these profound public safety concerns, and we look forward to responding in court,” Davenport said. “The Federal Government’s contrary approach will only undermine public trust and accountability, and make it easier for criminals to impersonate our officers.”