DOJ Sues New Jersey Governor Over Law Enforcement Act
The Department of Justice (DOJ) has initiated a lawsuit against Democratic Governor Mikie Sherrill of New Jersey and Attorney General Jennifer Davenport, claiming that a recent law restricts the enforcement of federal laws.
This law, known as the Law Enforcement Officers Protection Act, is viewed by the DOJ as unconstitutional since it bars law enforcement officers from wearing masks while on duty. It also mandates that officers must “present sufficient identification before detaining or arresting an individual,” according to the complaint.
Moreover, the complaint notes that the law has limited and vague exceptions, giving the state attorney general the power to “issue any guidelines or directives necessary to enforce the provisions of this law.”
Assistant Attorney General Brett A. Shumate commented on behalf of the DOJ’s Civil Division, emphasizing the department’s commitment to safeguarding the privacy and safety of law enforcement from unconstitutional state legislation like that of New Jersey.
The DOJ’s statement goes further, suggesting that this law not only represents an unlawful effort by states to regulate federal entities but also risks inciting harassment and potential violence against federal law enforcement officers, particularly those from agencies like Immigration and Customs Enforcement (ICE).
Recently, a 26-year-old from Oklahoma was convicted for threatening to kill ICE agents, and another case involved an 18-year-old charged with planning violent acts against immigration agents in Oregon.
In response, Davenport defended the law, contending it safeguards both law enforcement and the public. She described the exception regarding masks as thoughtfully crafted with “law enforcement safety and business necessity in mind.”
Davenport also stated that the federal government has not clarified when its officers should disregard this law concerning masks and identification, raising concerns about safety in anonymous policing. She argued that such an approach erodes public trust and makes it easier for criminals to pose as officers.
Governor Sherrill echoed her concerns, stating, “In the United States, we are not going to tolerate masked militias pretending to be well-trained law enforcement officers.” This statement was made in late March when the legislation was first introduced.
Interestingly, a comparable law in California, which required federal immigration enforcement officers to display visible identification and refrain from wearing masks during patrols, was struck down by an appeals court earlier this month.
This lawsuit is among several initiated in February. Acting Attorney General Todd Blanche has instructed the department’s Civil Affairs Division to monitor local and state laws that may impede federal law enforcement or encourage violations of federal laws.
The New Jersey Governor’s Office has not commented on the lawsuit.

