Trump DOJ Takes Sherrill, NJ To Court Over ICE Mask Ban

The U.S. Department of Justice sued New Jersey on Wednesday, asking a federal court to strike down a state law that bans law enforcement officers — including federal agents — from wearing masks while on duty. The DOJ argued the measure unconstitutionally allows the state to regulate the federal government.

The lawsuit, filed in U.S. District Court in New Jersey, names Gov. Mikie Sherrill and Attorney General Jennifer Davenport as defendants alongside the state. It targets the "Law Enforcement Officer Protection Act," known as S3114, which Sherrill signed on March 25.

The law requires all law enforcement officers — including agents from ICE, the FBI and the DEA — to show their faces and provide visible identification, such as a badge or agency insignia, before detaining or arresting someone. Limited exceptions exist for undercover assignments, medical masks and situations where an officer has received specific threats of retaliation.

The Justice Department argued the law violates the Supremacy Clause of the U.S. Constitution, which prevents states from controlling or regulating the operations of the federal government. The lawsuit compares S3114 to a similar California law that the Ninth Circuit Court of Appeals put on hold in April, writing that the California measure "attempts to directly regulate the United States in its performance of governmental functions" and that "the Supremacy Clause forbids the State from enforcing such legislation."

"The Department of Justice will steadfastly protect the privacy and safety of law enforcement from unconstitutional state laws like New Jersey's," Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division said in a statement.

Federal officials said the lawsuit is also about officer safety. The complaint states that ICE officers alone have seen an 8,000 percent increase in death threats and a more than 1,300 percent increase in assaults, and describes a growing threat of doxxing — the public posting of officers' personal information — that federal agencies say has led to harassment, stalking and violence against agents and their families.

The standoff between the state and federal government escalated in early April, when ICE agents arrested several people in New Jersey while wearing masks in defiance of the new law, according to the Asbury Park Press. Sherrill's office said at the time that she was "prepared to take any necessary measures" if ICE continued to violate the law.

The Justice Department sent a letter on April 9 to Davenport asking for assurances that the law would not be enforced against federal officers. Davenport responded on April 17, saying the law was constitutional and that federal officers were required to comply, but did not say whether the state intended to prosecute anyone for violations, according to the lawsuit.

The Justice Department said it subsequently sought further clarity and did not receive a satisfactory response.

Davenport pushed back against the lawsuit on Wednesday, defending the NJ law as a measured response to public safety concerns.

"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 in a statement. "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. New Jersey responded thoughtfully and carefully to these profound public safety concerns, and we look forward to responding in court."

S3114 was one of three immigration-related bills the New Jersey Senate passed in late March. Sponsors said the law was designed to protect residents from unidentifiable agents and ensure accountability. Republican Sen. Holly Schepisi of Bergen County opposed the bill during Senate debate, warning that it could lead to federal agents being targeted.

The DOJ is asking the court to declare S3114 unconstitutional as applied to federal officers and to block the state from enforcing it.

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