by Sophie Nieto-Munoz, New Jersey Monitor
Rep. Mikie Sherrill, the Democratic nominee for governor, said she would seek to ban federal immigration agents from covering their faces during enforcement operations if she’s elected next month.
Sherrill’s proposal comes amid a national debate over immigration officers concealing their identities during enforcement actions, which have increased sharply under the second Trump administration. Speaking after an unrelated event in Newark Monday, Sherrill didn’t delve into details, but said her plan would mirror legislation she supports in Congress.
“I heard from one police officer who said that somebody came into his town and, as he put it, was looking like he was dressed for Afghanistan and refused to identify himself,” she said, repeating a story she’s told numerous times on the campaign trail. “So that’s unacceptable. We need to know who is on our streets here in New Jersey.”
The bill in Congress, sponsored by Democrats, would ban Department of Homeland Security agents engaged in border security and civil immigration enforcement from wearing non-tactical masks and from obstructing their agency identification. It has not been heard by any committee in the GOP-led House.
Tricia McLaughlin, a spokeswoman for the Department of Homeland Security, called attempts to ban masked federal law enforcement a danger to officers. She claimed federal law enforcement officers have seen a 1,000% increase in assaults against them and have been targeted online through doxing.
“To be crystal clear: we will not abide by a state’s unconstitutional ban,” McLaughlin said about Sherrill’s proposal.
Sherrill’s past comments criticizing ICE agents wearing masks generally came in response to questions from reporters about her support for the Immigrant Trust Directive, a statewide order that restricts when local, county, and state police can cooperate with ICE agents. She hasn’t said whether she would keep the directive in place if she’s elected to succeed Gov. Phil Murphy (D) on Nov. 4.
Ron Chen, a law professor at Rutgers Law School, said a state law barring ICE agents from wearing masks would likely wind up in court and be struck down. Chen noted that state governments are prohibited from regulating federal agencies.
“Trying to regulate directly a federal law enforcement officer and the conduct of their duties — as much as it may be a good policy — I don’t think that’s something she would be able to do, period,” he said.
Since President Donald Trump took office for his second term, U.S. Immigration and Customs Enforcement has ramped up its efforts to detain and deport undocumented immigrants.
With federal agents conducting immigration raids often wearing plain clothes and without identifying themselves, Democratic lawmakers and attorneys general nationwide have said wearing masks compounds the “fear and chaos” of the raids. Critics have also cited the potential for impostors claiming to be ICE agents.
Chen said the most likely outcome of a state mask ban for ICE agents is that courts would find it’s preempted under the Constitution’s supremacy clause, which limits state governments from overruling federal law. The governor could bar state and local police from wearing masks, but not federal agents, he said.
Chen noted that we have a very recent case highlighting how difficult it is for states to issue regulations on immigration-related matters. In July, the U.S. 3rd Circuit Court of Appeals upheld a ruling striking down a New Jersey law that barred private entities from contracting with the federal government to house immigrant detainees.
Sherrill said if needed, she’d be prepared to “fight it out in court.”
Her support for banning masked federal agents comes one month after California banned most law enforcement from covering their faces during operations, including federal immigration agents. The law goes into effect Jan. 1. New York lawmakers have introduced a similar bill.
Jack Ciattarelli, Sherrill’s GOP opponent, has not commented on her remarks criticizing ICE agents wearing masks. But Ciattarelli has expressed support for deporting people who are in the country illegally and said local law enforcement should be able to aid in immigration enforcement.