Justice Department sues Maryland and 2 counties over new law banning face coverings for officers
Justice Department sues Maryland over mask ban for law enforcement officers
The Department of Justice sued Maryland and its two largest counties over a new law that prohibits face coverings for officers and federal agents.
BETHESDA, Md. - The Justice Department filed a lawsuit against Maryland along with two of its largest counties over a new law that prohibits federal agents and law enforcement officers from wearing face coverings.
What we know:
The federal lawsuit names the State of Maryland, Maryland Attorney General Anthony Brown, the Maryland Police Training and Standards Commission, as well as Montgomery and Prince George’s counties. The measure challenges Senate Bill 1, which went into effect on October 1, along with similar local legislation in both counties.
The legislation prevents law enforcement officers from covering their faces while carrying out official duties, though it excludes undercover operations. The measure also requires officers to display identification and, in some cases, verbally identify themselves.
Maryland is the eighth state to face a Department of Justice lawsuit over restrictions targeting masked federal agents. The department argues that the states lack the constitutional authority to regulate how federal agents carry out their duties.
The department also emphasized that bans on face coverings can expose officers to an increased risk of harassment, doxxing and violence.
READ MORE | Here are the new laws going into effect in Maryland, DC and Virginia on Oct. 1
The legal challenge comes amid a surge in Immigration and Customs Enforcement (ICE) activity in Maryland and across the U.S.
"So states have a right to say, for example, what their state police officers will do and how they will or will not cooperate with the federal government," said attorney Chris Murray. "What they don't have the ability to do is say, 'Hey, we know federal law lets you do this, but actually if you're going to be a federal agent in our state, you're going to follow our state's rules.' That's just not how it works under the Constitution, for better or for worse."
The Justice Department is asking a federal judge to issue a temporary injunction blocking Maryland and its two largest counties from enforcing the restriction while the lawsuit continues through the court system.
What they're saying:
Each of the parties named in the lawsuit said they are reviewing the documents and have declined to comment on the pending litigation.
Maryland Governor Wes Moore’s office defended the state’s stance.
"We don’t comment on ongoing litigation, but Governor Moore has been clear that an untrained, unqualified, and unaccountable ICE is unacceptable. Maryland will always defend transparency, accountability and due process," the governor’s office said in a statement.
Some Maryland leaders and immigration advocates expressed support for the mask ban.
"Homeland Security should not be having officers or agents with masks out on the streets," said Rep. Glenn Ivey. "No other police department does it anywhere in the country. They say it's for safety but these guys are at no more risk than say NYPD or LAPD. They're just trying to hide behind the mask so they can hide what they're doing."
Shana Khader, the legal director at We are CASA, said they have strongly supported the state's legislation to unmask ICE agents.
"Masks are not part of legitimate law enforcement activity, it's a tactic that has caused terror in our communities," Khader said. "We stand behind our elected officials who enacted these important protections at a time of crisis in our community."
The Source: Information in this article is from the Department of Justice and Maryland Governor's Office.