New Jersey sued over ICE mask ban

By Chris Wade
The Center Square

The Trump administration is taking New Jersey Gov. Mikkie Sherrill to federal court over newly signed legislation banning ICE agents from wearing masks during immigration operations in the state.

The lawsuit, filed Wednesday in U.S. District Court in Newark, alleges that the so-called Law Enforcement Officer Protection Act violates federal law by giving state officials control over federal immigration enforcement activities. The DOJ asks a federal judge to block the law, saying it threatens the safety of federal officers who have faced a wave of harassment, doxing, and even violence.

“To be clear, the Federal Government will not comply with this blatantly unconstitutional law,” the DOJ wrote in the 24-page complaint. “But the threat of enforcement by Defendants chills individual officers from protecting themselves and performing their duties. The consequences for public safety are severe.”

Assistant Attorney General Brett A. Shumate called New Jersey’s law an “illegal attempt to regulate the federal government” and said threatening officers with prosecution “for simply protecting their identities and their families also chills the enforcement of federal law and compromises sensitive law enforcement operations.”

“The Department of Justice will steadfastly protect the privacy and safety of law enforcement from unconstitutional state laws like New Jersey’s,” Shumate said in a statement.

New Jersey Attorney General Jennifer Davenport vowed to defend the new law in court, saying 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.”

The Democrat said allowing ICE agents to wear masks during operations in the state will “undermine public trust and accountability, and make it easier for criminals to impersonate our officers.”

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

Last year, the DOJ filed a similar lawsuit against California after Democrats in the state passed a mask ban. A federal judge blocked the state from enforcing the law.

New Jersey Democrats and immigrant rights groups say the new restrictions are necessary amid an uptick in ICE operations in the state targeting people for deportation.

“When federal immigration officers violate the law and sow fear in our communities, they undermine public trust in law enforcement and make it harder for us to keep the public safe,” Sherrill said in a statement at the time.

The Justice Department sued New Jersey in February over an executive order signed by Sherrill that barred ICE agents from using state-owned property as staging areas for operations, accusing her administration of “harboring criminal offenders” from law enforcement.

The governor was also criticized by the Trump administration for launching a new public website urging the public to report ICE activity, upload videos of enforcement actions, and “Know Your Rights” information for people who are detained.