Justice Department Suing New York Over Mask Law for Federal Employees
In a notable legal development, the Justice Department is taking action against New York regarding a new law that prevents federal workers from wearing masks, which is set to take effect this week. This law allegedly puts these employees at risk of “harassment, pursuit, intimidation, and assault.”
On Monday, Deputy Attorney General Stanley Woodward, along with Assistant Attorney General Brett Shumate and other attorneys from the Civil Division, filed the lawsuit in a federal court in Buffalo. The complaint accuses New York Governor Kathy Hochul of enacting an unconstitutional measure in the state’s annual budget.
Woodward stated, “Governor Hochul cannot dictate how federal employees carry out their duties,” emphasizing that such a prohibition could impede the safety of those involved in federal law enforcement.
The lawsuit, which also includes New York Attorney General Letitia James, argues that the law concerning face coverings and identification violates both intergovernmental immunity and the Supremacy Clause of the U.S. Constitution. According to the 40-page filing, these laws are set to begin on June 26.
If enforced, this regulation would subject agents from various federal agencies, such as Immigration and Customs Enforcement and the DEA, to potential “criminal penalties” for wearing masks.
The complaint also claims that other parts of the state budget violate federal law by mandating local governments to end enforcement agreements with federal entities.
“Protecting a special agent’s identity and connection to the DEA is crucial not just during specific operations but across the board,” the complaint highlights. Disclosure of such information could hinder undercover work and risk operational integrity, even during visible operations.
Additionally, the lawsuit points out a troubling trend where the public increasingly records and shares federal enforcement activities online, often revealing personal details about federal employees to intimidate or harass them.
Justice Department officials raised concerns that this shared information could be exploited by various groups, including “insurgents, illegal aliens, and sophisticated gangs like Torren de Aragua and MS-13.”
Shumate remarked, “The Department of Justice will firmly defend the privacy and security of law enforcement against unconstitutional state laws such as New York’s.”
This lawsuit is part of a broader strategy; the Justice Department has previously filed similar lawsuits against laws in California, Virginia, New Jersey, and even Philadelphia that imposed restrictions on mask-wearing for federal employees under “sanctuary” policies that limit cooperation with federal immigration authorities.
One Justice Department official articulated concerns that if states like California and New York can implement such laws, it may embolden future Congresses to impose even more stringent regulations, potentially restricting marked vehicles for federal employees.
Officials expressed that this trend is alarming and reflects a growing pattern where local legislations overtly challenge the authority of federal law enforcement.
New Jersey’s Governor Mikie Sherrill, supportive of similar measures, stated in March, “We will not tolerate masked militias posing as trained law enforcement officers.”
Although the Ninth Circuit Court of Appeals halted California’s version of the law in April, there’s a possibility that conflicting rulings from different circuit courts could lead to an appeal to the Supreme Court for a final resolution.
As of now, representatives from Governor Hochul’s and Attorney General James’s offices have not commented on the lawsuit.
