The Trump administration has sued California over a pair of recently enacted laws that ban federal agents from wearing facial coverings and mandate that they identify themselves when performing official duties. The lawsuit filed on Monday alleges that the rules violate the Constitution’s supremacy clause, which says that federal laws supersede state laws.
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The Department of Justice (DOJ) also argues that the laws threaten the safety of federal agents. According to court documents, the federal government has said it will not comply with the new state rules regardless of how the lawsuit turns out.
“We filed a lawsuit to strike down California’s unconstitutional law aimed at unmasking the faces of our federal agents, which will allow criminals to dox them,” Bill Essayli, an assistant U.S. attorney in Los Angeles, posted on X. “Unconstitutional laws such as this one further endanger our brave men and women protecting our community.”
The Department of Homeland Security had demanded that Gov. Gavin Newsom, D-Calif., veto both bills. However, he signed both into law in September.
The Trump administration announced on social media at the time that it would not comply with the mask ban, calling it a “PR stunt.”
Newsom’s team pushes back
A spokesperson for Newsom pushed back against the DOJ’s lawsuit.
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Lawmakers in at least six states have proposed measures to ban federal authorities from wearing masks since September 2025.
“If the Trump administration cared half as much about public safety as it does about pardoning cop-beaters, violating people’s rights and detaining U.S. citizens and their kids, their communities would be much safer,” spokesperson Diana Crofts-Pelayo told CBS News. “We’ll see the U.S. Department of Justice in court.”
Overview of the laws at center of debate
The California Highway Patrol is exempt from the No Secret Police Act, as are undercover officers, SWAT teams and personnel with medical issues or who require masks to prevent smoke inhalation or other injuries.
The Trump administration argues in its suit that California’s ban is discriminatory toward federal law enforcement because it exempts some state authorities from the facial coverings restriction.
The No Vigilantes Act requires federal law enforcement to wear a clearly visible identification number, the agency they’re associated with and a name or badge number beginning in January.
Federal authorities are subject to criminal penalties for failing to follow both laws.
The laws were passed in response to federal immigration raids over the summer in Los Angeles. Newsom criticized the raids as overreach by the Trump administration and said they spread unnecessary fear in the community.
State-level criticism of mask ban
The California Association of Highway Patrolmen has criticized the mask ban, saying that it could put officers and their families’ lives at risk. Critics within the state also argue that the ban penalizes local authorities for the acts of federal law enforcement.
Federal efforts to ban agents from wearing masks
Democratic House members have also attempted to pass federal legislation that would ban federal law enforcement from wearing masks and require agents to wear clear identification on their clothing during operations. The bill — also known as the No Secret Police Act — was introduced in June by Democratic Reps. Dan Goldman and Adriano Espaillat of New York.
