On Thursday, the Justice Department filed a lawsuit against Maryland and two of its most populous counties, targeting state and local provisions that bar all law enforcement personnel — federal agents included — from concealing their faces and compel them to disclose their identities under specified conditions.
Among the defendants listed in the filing are Maryland Attorney General Anthony Brown, the Maryland Police Training and Standards Commission, and the county governments of both Prince George's and Montgomery. According to the department's legal position, those laws encroach on federal jurisdiction over its own law enforcement personnel in a manner that runs counter to constitutional limits.
A provision addressing mask requirements was included within a broader bill that cleared the General Assembly floor during the 2026 session. Under the measure, officers on duty would be prohibited from covering their faces, though allowances exist for those working undercover, observing health precautions, or following religious practice.
The Maryland Attorney General's office put forward the view in February that applying the law to federal agents — including ICE officers — could face constitutional hurdles. The legislation at the state level moved into force on Thursday. Emergency measures were adopted by the Prince George's County legislature that April, and the ban at the county level had been on the books since May.
Federal attorneys argued that the Constitution's Supremacy Clause prevents state and local governments from imposing restrictions on how federal agencies carry out their operations. The Justice Department contended that the requirements place federal officers at heightened personal risk, pointing to what it characterised as a rise in harassment, doxing, and violence directed at federal law enforcement. In a written statement, Brett A. Shumate, head of the department's Civil Division, maintained that authority over the equipment federal officers wear during official duties rests with the federal government, not with state or local governments.
Rhyan Lake, serving as a spokesperson for the governor's office, said Gov. Wes Moore pledged that Maryland would remain committed to transparency, accountability, and due process. House Speaker Joseline Peña-Melnyk noted that legislators had anticipated a legal challenge and deliberately drafted the legislation to cast a wide net over law enforcement while still accommodating genuine safety and operational needs. In a Thursday statement, Peña-Melnyk added that the values underpinning the bill's passage — public safety, accountability, and trust between officers and the communities they serve — remained ones lawmakers fully supported.
Some Republicans who took a stance against the ban assessed the Justice Department's legal position as likely to hold up in court. Senate Minority Whip Justin Ready described the lawsuit as something he had anticipated, noting that he had long held the view that a ban on face masks would prove difficult to enforce.
The filing marks the eighth time the Justice Department has taken legal action against a state or local government over statutes or policies affecting federal law enforcement personnel. Court documents outlined the department's position that states lack any oversight authority beyond submitting concerns through established administrative channels. Comparable legal actions have reached courts in New York, Virginia, Connecticut, New Jersey, and California, with the cities of Philadelphia and Milwaukee facing their own versions as well.
Preliminary relief has been granted by courts in every instance where a ruling on mask bans or identification requirements has been reached, according to the department. Attorney General Pamela Bondi has tasked the Civil Division with cataloguing state and local statutes, policies, and practices that the department contends run counter to federal law enforcement activities.