The U.S. Department of Justice has sued Maryland and two counties over laws that ban federal officers from wearing face coverings and require them to show identification, arguing the measures unlawfully regulate federal operations and violate the Supremacy Clause. DOJ also says the rules jeopardize officer safety amid harassment and doxing. Maryland leaders say the laws promote transparency, accountability and public trust after controversial federal immigration operations.
DOJ Sues Maryland Over Laws Barring Federal Agents From Wearing Masks, Calling Them Unconstitutional
The Justice Department is suing Maryland over laws prohibiting federal law enforcement agents from wearing masks. File Photo by Craig Lassig/UPI
Oct. 2 (UPI) — The U.S. Department of Justice filed a lawsuit Thursday against the state of Maryland and two of its counties, challenging laws that bar federal law enforcement officers from wearing face coverings while on duty and require them to display identification.
The complaint names Maryland, the state attorney general, the Maryland Police Training and Standards Commission, and the governments of Prince George's and Montgomery counties as defendants. DOJ attorneys argue the statutes unlawfully attempt to regulate federal operations and therefore violate the Constitution's Supremacy Clause.
The department also says the measures put federal personnel at risk. In a statement, DOJ lawyers said federal officers 'have faced an unprecedented wave of harassment, doxing and even violence,' and that forcing officers to unmask or display identifying information could expose them to further harm while carrying out official duties.
Assistant Attorney General Brett Shumate, who leads the Civil Division, described the state and local laws as a direct intrusion into federal operations, saying the federal government — not state or local governments — decides what equipment federal officers may use when performing official duties.
Maryland House Speaker Joseline Pena-Melnyk, a Democrat, said she is confident the state's attorney general will defend the legislation. She described the measures as intended to promote transparency and trust between the public and law enforcement, saying Marylanders deserve to know when someone is exercising the extraordinary authority of law enforcement.
The lawsuit stems from actions taken during the Trump administration's immigration enforcement operations, when masked federal agents carried out high-profile city deployments to arrest and remove immigrants. Those operations prompted local complaints and led Maryland lawmakers to pass Senate Bill 1 in April, which seeks greater transparency around federal immigration enforcement and makes it easier to identify federal agents alleged to have broken the law.
Montgomery County adopted a similar ordinance weeks after the state bill, and Prince George's County followed in May. Montgomery County Councilmember William Jawando has said the county will defend its 'Unmask ICE' ordinance as a lawful exercise of local authority to protect public safety and ensure accountability.
The Justice Department has filed suits against several other states and localities over comparable measures; Maryland is the eighth state named in such litigation. The case is likely to hinge on the balance between state and local efforts to promote transparency and the federal government's authority over its law enforcement operations.
What happens next: The parties will present legal arguments in federal court, where DOJ will press its Supremacy Clause claim and Maryland and the counties are expected to defend the statutes as valid exercises of local and state power to protect residents and ensure accountability.
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