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DOJ sues Md. over face covering, officer identification laws

The Justice Department contends the laws unconstitutionally interfere with the federal government’s authority over its law enforcement officers

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U.S. Immigration and Customs Enforcement officers use a chain to more comfortably restrain a detained person using handcuffs positioned in front, Monday, Jan. 27, 2025, in Silver Spring, Md. (AP Photo/Alex Brandon)

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By Todd Karpovich, Tinashe Chingarande
Baltimore Sun

ANNAPOLIS, Md. — The U.S. Department of Justice sued Maryland and two of its largest counties Thursday, challenging state and local laws that restrict all law enforcement officers, including federal agents, from wearing masks, and require them to identify themselves in certain circumstances.

The lawsuit names Maryland Attorney General Anthony Brown, the Maryland Police Training and Standards Commission , Prince George’s County and Montgomery County. The department contends the laws unconstitutionally interfere with the federal government’s authority over its law enforcement officers.

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The mask provision was part of legislation that passed the General Assembly during the 2026 legislative session. The measure generally bars law enforcement officers from wearing face coverings while on duty, with exceptions for undercover work and health or religious reasons. Brown’s office warned in February that applying the law to federal agents, including ICE officers, could raise constitutional concerns.

The state law took effect Thursday. Prince George’s County passed emergency legislation in April. Montgomery County’s ban took effect in May.

The Justice Department argues that the supremacy clause of the U.S. Constitution prevents states and local governments from regulating the federal government. The department also argues that the requirements put federal officers at risk amid what the department describes as an increase in harassment, doxing and violence against federal law enforcement personnel.

“The Federal Government, not state and local governments, gets to decide which equipment federal officers may or may not wear when performing their official duties,” Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division said in a statement.

Rhyan Lake , a spokesperson for Gov. Wes Moore , said Maryland “will always defend transparency, accountability, and due process.”

Brown’s office did not respond to requests for comment by deadline Thursday. The Maryland Police Training and Standards Commission , Prince George’s County and Montgomery County also did not respond to requests for comment.

House Speaker Joseline Peña-Melnyk said lawmakers knew a legal challenge was possible and wrote the law to “apply broadly to law enforcement while respecting legitimate safety and operational concerns.”

“We stand behind the values that guided its passage: public safety, accountability and trust between law enforcement and the communities they serve,” she said in a Thursday statement.

Republicans who opposed the ban said the DOJ is likely to succeed.

Senate Minority Whip Justin Ready said the DOJ’s lawsuit is “not a surprise,” adding that he long believed a face mask ban was unenforceable. He argued that the state has “no role in keeping federal agencies accountable” outside of reporting through “proper channels.”

“The General Assembly Democratic leadership should’ve been cutting people’s energy bills and getting to the bottom of the multi-billion dollar audits of the Moore administration instead of pretending state laws have any impact on federal agencies,” he said in a text to The Sun .

The lawsuit is the eighth brought by the Justice Department against a state or local government over laws or policies governing federal law enforcement officers, according to the department. Similar lawsuits have been filed in New York , Virginia , Connecticut , New Jersey and California , as well as against Philadelphia and Milwaukee .

The department said courts have granted preliminary relief in each case that has reached a ruling on mask bans or identification requirements.

Former Attorney General Pamela Bondi directed the Civil Division to identify state and local laws, policies and practices that the department says interfere with federal law enforcement operations.

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Have a news tip? Contact Todd Karpovich at tkarpovich@baltsun.com or on X as @ToddKarpovich or Tinashe Chingarande at tchingarande@baltsun.com or on Signal as Tnae.19.
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