DOJ Sues New York Over Law Barring Federal Agents From Wearing Masks
The Department of Justice sued New York on Monday over a new state law set to take effect June 26 that would prohibit federal agents from wearing masks during enforcement operations, arguing the measure is unconstitutional and puts law enforcement officers at risk.
The lawsuit, filed in federal court in Buffalo by Associate Attorney General Stanley Woodward, Assistant Attorney General Brett Shumate and other DOJ attorneys, names both Gov. Kathy Hochul and Attorney General Letitia James as defendants.
“Governor Hochul cannot tell Federal officers how to do their job,” Woodward said. “And she certainly cannot prohibit them from ensuring their own safety in conducting Federal law enforcement operations.”
The 40-page complaint argues that New York’s Face Covering and Identification Acts violate the Supremacy Clause and principles of intergovernmental immunity by attempting to regulate how federal agents perform their duties.
Under the law, agents from agencies including Immigration and Customs Enforcement and the Drug Enforcement Administration could face criminal penalties for wearing masks while conducting operations in New York.
The Justice Department contends that allowing agents to conceal their identities is critical to officer safety and the integrity of future investigations.
“Increasingly, members of the public photograph, film, and publish federal enforcement actions online and include the personal identities of federal officers for the sole purpose of intimidation and harassment,” the lawsuit states.
According to DOJ officials, publicly identifying federal agents could expose them to threats from rioters, illegal immigrants and transnational criminal organizations such as Tren de Aragua and MS-13.
“The Department of Justice will steadfastly protect the privacy and safety of law enforcement from unconstitutional state laws like New York’s,” Shumate said.
The DOJ has already filed similar lawsuits against laws in California, Virginia, New Jersey and the city of Philadelphia that seek to restrict masked federal enforcement operations.
A DOJ official warned that allowing states to dictate federal law enforcement procedures could lead to broader restrictions.
“If California and New York can impose these requirements, there’s nothing that prevents them from, in the next session, saying federal agents can’t even use marked cars,” the official said.
New York responded by filing its own lawsuit seeking a declaration that its law is constitutional and requesting that the courts block the Trump administration from interfering with the state’s authority.
“By hiding their faces and refusing to wear identification, federal immigration officers endanger New Yorkers and intentionally evade accountability,” James said in a statement. “Our communities should not have to live in fear of being disappeared by unidentified masked agents.”
Hochul defended the law as reflecting New York’s values.
“A badge carries with it a responsibility to uphold the public’s trust,” the governor said. “New Yorkers deserve to know who is enforcing the law in their communities and have the assurance that local resources are being deployed to protect public safety, not to intimidate or advance the agenda of a rogue federal agency.”
The legal battle sets up another major clash between the Trump administration and Democratic-led states over immigration enforcement and the extent to which states can regulate federal officers operating within their borders.