DOJ Files Federal Lawsuit Against New York Over Agent Mask Law
The suit tests whether states can regulate the conduct of federal officers operating within their borders — a question with implications for federal enforcement authority nationwide.
The U.S. Department of Justice filed a federal lawsuit on Monday, June 23, 2026, against the State of New York in the U.S. District Court for the Western District of New York, based in Buffalo, challenging a New York state law that would prohibit federal agents from wearing masks while conducting official duties within the state. The filing was confirmed by the New York Post, which reported that Associate Attorney General Stanley Woodward and Assistant Attorney General Brett Shumate, along with other DOJ Civil Division attorneys, signed the complaint.
According to the New York Post report citing the complaint, DOJ attorneys argue the law is unconstitutional and would expose federal agents to what the filing describes as 'harassment, tracking, intimidation, and assaults.' The law was included in New York's annual budget legislation, according to the same report. The specific statutory citation within the New York budget bill and the full docket number of the Buffalo federal court filing were not immediately available in public court records as of publication; the DOJ complaint, once docketed, would contain both.
Governor Kathy Hochul's office had not issued a public response to the lawsuit as of the time of this report. New York's position on the constitutional questions raised — including whether the Supremacy Clause of the U.S. Constitution preempts state regulation of federal officers' conduct — was not stated in available public records. The state's formal legal response will be filed as part of the court docket in the Western District of New York, which is publicly accessible through PACER (Public Access to Court Electronic Records).
The DOJ's Civil Division has jurisdiction over cases in which the federal government is a party challenging state laws it views as conflicting with federal authority. The legal theory of preemption, rooted in Article VI of the Constitution, holds that federal law supersedes conflicting state law. Whether wearing masks constitutes a federal officer's protected conduct under that doctrine has not been resolved by circuit court precedent in the Second Circuit, which covers New York; that determination would emerge from this litigation.
What remains unknown includes the full text of the challenged New York statute, the specific docket number assigned by the Buffalo federal court, and whether the DOJ sought a temporary restraining order or preliminary injunction to prevent the law from taking effect pending litigation. The court's docket, available through PACER under the Western District of New York, would contain all filed motions and orders. The DOJ's official press release, if issued, would provide the complete list of legal claims asserted in the complaint.