Trump sues state over ban on mask use
Law enforcement required to show faces
By: Katie Sobko
NorthJersey.com
USA Today Network - New Jersey
..... The federal government is pushing back against a New Jersey law signed by governor Mikie Sherrill last month. [04/2026]
.....
The new law requires law enforcement offices - state and federal - working in New Jersey to have their faces showing when they interact with the public in an official capacity.
..... The Trump administration has opted to sue the state, Sherrill and Attorney General Jennifer Davenport.
..... The lawsuit, filed Wednesday, April 29, [2026] in U.S. District Court for New Jersey, alleges that the state is "harboring criminal offenders from federal law enforcement" and officials are trying to "intentionally obstruct federal immigration enforcement and even prosecute federal officers for performing their duties.
..... The state law also calls for law enforcement to present identification before detaining or arresting someone.
..... According to the legislation, being dress in a department-issued uniform bearing the agency insignia and showing a department-issued identification card with the officer's photograph and identifying information would be considered sufficient.
..... Exemptions to the mask ban do exist in certain circumstances, such as during undercover assignments, for health reason with a doctor's note and for protection against smoke during a state of emergency."
..... Administration officials argue that the law is "unconstitutional" and puts the safety of officers and their families at risk.
..... They believe that the Supremacy Clause comes into effect because New Jersey is trying to regulate the federal government by "dictating permissible uniforms for federal agents under the specter of legal enforcement.
..... Davenport said in a statement that the law "protects both law enforcement and the public by limiting the sue of masking which including careful exceptions to protect law enforcement safety and operational needs.
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"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 animized policing," she said. "New Jersey respond thoughtfully and carefully to these profound public safety concerns, and we look forward to responding in court. The Federal Government's contrary approach will only undermine public trust and accountability, and make it easier for criminals to impersonate our offices."
..... New Jersey isn't the only state looking to take such steps. A federal judge in California ruled a similar law unconstitutional because it applied only to federal agents.
..... However, the judge said the legislation would be beneficial because it was "promoting transparency, which is essential for accountability and public trust."
..... There is "no cognizable justification for law enforcement officers to conceal their identities," U.S. District Judge christian Snyder said, and the "united States has failed to demonstrate that facial covering prohibition directly regulates the federal government."
..... This isn't the only suit the Justice Department has field against the state. A lawsuit regarding Sherrill's executive order banning Immigration and Customs Enforcement from staging raids on New Jersey state property faced similar treatment.
..... In that case, they allege that "Sherill aims to intentionally obstruct federal law enforcement and celebrates thwarting the constitutional obligation" by not allowing immigration enforcement agents to enter nonpublic property owned by the state and not allowing for raids to be coordinated from state property.
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The Justice Department suit alleges that Sherrill's executive oder "obstructs federal law enforcement and facilitates the evasion of federal law by dangerous criminals, notwithstanding federal immigration agents' statutory mandate to detain and remove illegal aliens."
..... Sherrill was asked about the lawsuit at an unrelated press conference on February 24 [2026] and didn't hold back.
..... "I think what the federal government needs to be focused on right now, instead of attacking states like New Jersey working to keep people safe, is actually training their ICE agents, with some modicum of training, like any law enforcement officer in the sate of New Jersey would have, so that they can operate better and more safely," the governor said.
..... When announcing the executive order, Sherrill stressed that ICE officers can still make lawful arrests on public and state property - but they can't gather to launch operations on that property.
..... Katie Sobko covers the New Jersey Statehouse. Email: sobko@northjersey.com