DOJ Sues Dem Governor Over State Law Preventing LEOs, ICE Agents From Masking Up

AP Photo/Ted Shaffrey

Since President Donald Trump's mass deportations of illegal immigrants began, blue states have done everything possible to impede Immigration and Customs Enforcement (ICE) agents and other law enforcement officials from doing what the American people voted for in November of 2024. They have also all but encouraged crazed leftist, anti-ICE protesters to harm agents and their families, all because they are doing their jobs. However, the Trump Department of Justice (DOJ) has had it with one state, and is pushing back hard.

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On Wednesday, the DOJ filed a lawsuit against New Jersey Gov. Mikie Sherrill (D) and Attorney General Jennifer Davenport (D) over a state law the DOJ says hinders law enforcement. The DOJ calls the "Law Enforcement Protection Act" unconstitutional; it prohibits the wearing of masks by law enforcement officers, including federal agents. It also requires officers to “provide sufficient identification prior to detaining or arresting an individual." The law gives unclear exceptions and leaves it up to the Attorney General to “issue guidelines or a directive necessary to effectuate the provisions of this act.”


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In a statement, Assistant Attorney General Brett A. Shumate with the DOJ Civil Division said that the DOJ will “steadfastly protect the privacy and safety of law enforcement from unconstitutional state laws like New Jersey’s." The department went on to describe the law as the state of New Jersey attempting to illegally regulate the federal government. DOJ's statement added that the law could potentially cause further instances of doxing, harassment, and additional physical harm, the same as ICE agents have endured in places like Minnesota. 

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NJ AG Davenport responded on Wednesday with a statement, saying that the act is designed to protect both law enforcement and the public, and said that the exceptions for agents to wear masks was "careful" and intended for “law enforcement safety and operational needs.” She went on to say:

“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." 

Davenport added that the federal government “will only undermine public trust and accountability, and make it easier for criminals to impersonate our officers,” by opposing the law.

When Gov. Sherrill announced the bill back in March, she had this drivel to say:

“In the United States of America, we’re not going to tolerate masked, roving militias pretending to be well-trained law enforcement agents." 

Apparently, however, AG Davenport has either not paid attention or ignored the fact that the government has indeed explained why ICE agents wear masks. In a June 2025 press conference, then-Acting ICE Director Todd Lyons stated that agents and their families were being doxed and personal information like home addresses was being posted, as well as agents receiving death threats. Border Czar Tom Homan has explained numerous times the need for agents to wear masks. 

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New Jersey is not the first state to try this. An appeals court blocked a similar law in California on April 22 that said ICE agents must show visible ID on patrol and be unmasked. Acting Attorney Todd Blanche issued a memo back in February to flag any local or state laws, policies, or practices that would prevent any federal law enforcement operations or aid in the violation of federal law. 

Like other blue states, California and New Jersey care more about protecting illegal immigrants than federal agents. You can find the federal government's filing here:

BREAKING: The @thejusticedept has filed a lawsuit against New Jersey over its new law pushing for the unmasking of ICE agents 

"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 lawsuit states.

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This is a developing story. RedState will provide updates as warranted.

Editor’s Note: Democrat politicians and their radical supporters will do everything they can to interfere with and threaten ICE agents enforcing our immigration laws.

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