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Sanctuary State Tries To Place ICE Agents In Danger. Trump DOJ Says No Way.
The Trump administration is suing the sanctuary state of New Jersey over its recent law banning federal agents from wearing masks.
Democratic New Jersey Governor Mikie Sherrill signed the “Law Enforcement Officer Protection Act” last month, barring federal agents, including Immigration and Customs Enforcement (ICE) officers, from wearing masks on the job. At the time, the sanctuary governor declared: “We’re not going to tolerate masked roving militias pretending, pretending to be well-trained law enforcement agents.”
Now, the Justice Department is taking legal action against the state, arguing that its unmasking law violates the federal government’s power granted by the Constitution’s Supremacy Clause, according to the lawsuit, which was filed Wednesday. Additionally, the Trump administration asserted that the mask ban would put agents at risk at a time of heightened threats.
“The law creates a Hobson’s Choice for all federal officers: either put themselves at risk by unmasking and providing individual identification, at the cost of officer safety, the safety of their families, and operational effectiveness or face legal consequences by Defendants,” the lawsuit stated.
“Federal law enforcement officers have faced a significant increase in doxxing, harassment, and assaults, with antagonists and criminals filming and tracking officers using individual identifiers such as their faces and badges. This conduct has led to violence and undermined law enforcement operations,” it added.
After Sherrill signed the unmasking law, masked ICE agents arrested a twice-deported illegal immigrant who faced domestic violence charges in 2024, according to the Asbury Park Press.
At the time, ICE openly admitted that the agents were masked, making “crystal clear” that “we will not abide by this unconstitutional ban.”
“Sanctuary politicians attempting to ban our federal law enforcement from wearing masks is despicable and a flagrant attempt to endanger our officers,” an ICE spokesperson said.
Sherrill’s office responded, saying she was “prepared to take any necessary measures if ICE continues to violate the law,” “including taking the Trump Administration back to court.”
The Justice Department then sent the governor a letter “seeking assurances that the law was not enforceable against federal officers and no officials would attempt to enforce it,” according to the lawsuit. Days later, New Jersey Attorney General Jennifer Davenport responded in an email “declaring that the law was constitutional and that federal officers were obligated to comply but refusing to opine on any enforcement actions.”
The Justice Department said they were “unsatisfied” and “sought clarity on whether New Jersey would enforce the law given the recent alleged violation,” according to the lawsuit. They also sent another court’s decision that struck down a similar law in California.
“To be clear, the Federal Government will not comply with this blatantly unconstitutional law. But the threat of enforcement by Defendants chills individual officers from protecting themselves and performing their duties. The consequences for public safety are severe,” the Department of Justice wrote in the lawsuit.