The Department of Justice argues in its lawsuit, filed Wednesday, that the law violates the Constitution’s Supremacy Clause by attempting to have state officials exercise control of a federal agency. The lawsuit seeks to prohibit enforcement of the law against federal agents.
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New Jersey Democratic Gov. Mikie Sherrill signed the law March 25 along with two other measures that codify a state policy limiting local law enforcement’s cooperation with federal immigration authorities and limiting state and health facilities’ sharing of individuals’ immigration statuses.
But federal officials have shown little interest in complying with the state’s mask prohibition. Since the law was signed, immigration agents have been seen wearing masks during enforcement operations. The state law also includes numerous carveouts for when a law enforcement officer can wear a mask — including if they are undercover or “subject of a threat of retaliation.”
It is also unclear how Sherrill’s administration would enforce the prohibition. The state law does not explicitly spell out penalties if an officer violates it. Instead, it says the attorney general “shall issue guidelines or a directive necessary” to enforce the law.
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