Justice Department sues New York over mask ban for federal agents

The Justice Department sued New York on June 23, 2026, arguing that the state cannot use a mask ban and identification rules to control how federal officers carry out their work. The complaint names the State of New York, Governor Kathy Hochul, Attorney General Letitia James and the Buffalo regional office’s assistant attorney general.

At the center of the dispute is New York State Senate bill S8462 and Assembly bill A8908, both introduced in 2025. The Senate summary says the proposal would prohibit local, state and federal law enforcement officers from wearing any mask or personal disguise while interacting with the public in the performance of their duties, with exceptions for certain protective masks. A Senate press release said the bill would also require federal agencies to publicly report mask use, use-of-force incidents and civil arrests conducted in New York.

The Justice Department said those requirements would do more than change uniforms. In the complaint, the department said the law would criminally prohibit federal officers from wearing masks, require individual identifiers and restrict or ban 287(g) cooperative agreements with local agencies. That goes straight to the question of whether federal agents working in neighborhoods, traffic stops and immigration enforcement operations can be compelled to show their identities while still claiming operational security.

The department’s civil-rights litigation push is being handled by its Civil Division, which says it represents the United States and federal employees in matters within its responsibility. Acting Attorney General Todd Blanche said officers risk their lives every day and should not be exposed to public harassment simply for doing their jobs, while Associate Attorney General Stanley Woodward said the governor cannot tell federal officers how to work. The complaint says officers have faced harassment, doxing and violence, and argues that forcing public identification would compromise sensitive operations and chill enforcement activity.

The federal suit follows a June 11, 2026, Justice Department case in Virginia that used nearly identical arguments against a mask ban and related limits on cooperation, naming the Commonwealth of Virginia, Attorney General Jay Jones and Fairfax Commonwealth Attorney Steve Descano.