Justice Department sues Maryland over law banning masks for federal agents

The U.S. Justice Department has sued Maryland, Montgomery County, and Prince George's County over a new law that took effect on October 1, 2026, banning law enforcement officers from wearing masks and requiring them to display identification. Federal officials argue the law violates the Supremacy Clause and recklessly compromises officer safety by exposing agents to doxxing. Conversely, state supporters maintain the law is vital for community trust and accountability.

The Justice Department's lawsuit

• ▪The U.S. Justice Department noted that Maryland is the eighth state where it has challenged similar laws restricting masked federal agents.
• ▪The U.S. Justice Department stated in its complaint that federal law enforcement agents and officers cannot and will not comply with the challenged Maryland state and local laws.
• ▪The U.S. Justice Department filed a lawsuit on October 1, 2026, in the U.S. District Court for the District of Maryland challenging the state's mask ban and similar local restrictions in Montgomery County and Prince George's County.

Supremacy Clause arguments

• ▪The U.S. Justice Department argued that Maryland's law violates the Constitution's Supremacy Clause, which prevents state and local governments from regulating the activities of the federal government.
• ▪Maryland Attorney General Anthony Brown warned Governor Wes Moore in a May 12, 2026 letter that there was a high likelihood a court would find the law's application to federal officers unconstitutional under the Supremacy Clause.

Safety concerns for federal agents

• ▪The U.S. Justice Department argued that masks and limits on displaying personal identities protect federal agents from online harassment, threats, and doxxing.
• ▪The U.S. Justice Department's complaint cited an August 2026 incident in Maryland where a Baltimore-area deportation officer and the officer's spouse were doxed online.

Maryland's mask and identification requirements

• ▪The Maryland state law requires law enforcement officers to display identification on the outermost layer of their clothing and verbally identify themselves when asked.
• ▪Maryland's new state law, which took effect on October 1, 2026, prohibits federal, state, and local law enforcement officers from wearing face coverings while on duty, with exceptions for undercover operations and certain medical or safety situations.
• ▪Officers who violate Maryland's mask and identification requirements can face civil fines of up to $1,500.

Prince George's County law

• ▪Prince George's County implemented its local mask ban earlier in 2026.
• ▪Under Prince George's County's local law, law enforcement officers who violate the mask and identification requirements face a misdemeanor charge, up to six months in jail, and a fine of up to $5,000.

Support for the laws

• ▪Maryland Senate President Bill Ferguson stated that the law was intended to build trust and credibility between law enforcement and the people they serve.
• ▪Supporters of the laws argued that the requirements promote transparency and accountability.

Debatable claims

• ▪Regulating federal law enforcement is an inappropriate role for state governments
• ▪Law enforcement officers should be prohibited from wearing masks while on duty