The U.S. Department of Justice against the state of Connecticut, Gov. Ned Lamont and Attorney General William Tong on Friday over a new state law that prohibits federal agents from wearing masks and requires them to display identification when operating in the state.
The law, by the Connecticut General Assembly and by Governor Ned Lamont, 鈥� including schools, hospitals, social service agency facilities and houses of worship 鈥� where people cannot be arrested solely on the basis of a civil offense, such as an immigration violation. It prohibits law enforcement officers from wearing masks while on duty. It bans former federal law enforcement officers who were found to be guilty of misconduct or retired during an investigation from being hired by Connecticut state or local police, and it requires police officers to complete 480 hours of training before they can be hired by state agencies.
The federal government called the law 鈥渂latantly unconstitutional,鈥� saying that the state has no authority to tell federal agents what they can and cannot do. The government argues that the law goes against the Supremacy Clause of the U.S. Constitution, which says that when state and federal laws clash, federal laws override those of the states.
Attorney General Tong said in a statement Monday that the new law was 鈥渇ully lawful and necessary to protect public safety.鈥�
鈥淲e will vigorously defend the law,鈥� Tong said.
The Justice Department has also filed lawsuits in other states 鈥� including New York, New Jersey and California 鈥� against similar laws. In California, the 9th U.S. Circuit Court of Appeals panel a law that requires federal officers to wear identification, saying that the law likely violated the Supremacy Clause.
In the lawsuit against Connecticut, Justice argues that requiring federal law enforcement to follow the state鈥檚 standards for use of force 鈥� which the federal government said were more restrictive than federal standards 鈥� would put officers in danger. The department said that having to contend with two different standards for the use of force could cause 鈥渉esitation, indecision, or second-guessing鈥� at times when agents needed to make split-second decisions.
Furthermore, they said that since Connecticut does not allow use of force while executing search warrants or during brief detentions by police 鈥� known as 鈥� 鈥� or 鈥渟top-and-frisk鈥� 鈥� the law would discourage agents from criminal investigations.
Lawyers for the federal government also argued that requiring agents to remove their masks would put agents and their families in danger of harassment once their identities were known.
鈥淚ncreasingly, members of the public photograph, film, and publish federal enforcement actions online and include the personal identities of federal officers for the sole purpose of intimidation and harassment. This content is directly used by members of organized crime and transnational criminal organizations in serious and potentially deadly ways,鈥� the lawsuit reads.
In an interview with WTNH on Sunday, Lamont said he didn鈥檛 foresee a settlement in the lawsuit. He referenced of 18-year-old Esdras R. at Wilbur Cross High School last year and the , a student at Cheshire High School who was detained by ICE and released in April.
Lamont referred to the DOJ鈥檚 lawsuit as a 鈥渕oral issue.鈥�
鈥淲hat we鈥檙e trying to do is say, 鈥業CE, stay away from our courthouses. Stay away from our schools. Stay away from our houses of worship. And (for) God鈥檚 sake, stay away from our voting areas,鈥欌�� said Lamont.
Sen. Ryan Fazio, R-Greenwich, who is the Republican candidate running against Lamont, said he voted against the law when it was brought to a vote in the state Senate. He called the law unconstitutional and said that it would precent law enforcement officers from arresting people who were in the country illegally and have been convicted of serious crimes.
鈥淭hat鈥檚 wrong, and that鈥檚 putting ideology over public safety. We need common sense,鈥� Fazio said.
Fazio said he鈥檇 like to see state and federal law enforcement working together when making arrests.
鈥淚 think if we had a collaborative approach where we prioritized taking the most hardened criminals off the streets then we would actually have a more stable and positive arrangement ultimately for everyone鈥檚 benefit in Connecticut,鈥� Fazio said.
Senate President Martin Looney, D-New Haven, Majority Leader Bob Duff, D-Norwalk and Sen. Gary Winfield, D-New Haven, said in a joint statement that they had expected the 鈥減urely partisan鈥� Justice Department to file a lawsuit against what they called an 鈥渁ssertion of legitimate state power.鈥�
鈥淭he DOJ鈥檚 assertions are baseless, and if there is still a higher court in America that has not already been defiled by this administration and which believes the Constitution still matters, Connecticut will win any appeal, because we are asserting our police and public safety authority which has been, and should be, reaffirmed as our right under the 10th Amendment to the U.S. Constitution,鈥� the lawmakers said. 鈥淲e are seeking to impose no restrictions on federal law enforcement which are not also required of state and municipal law enforcement.鈥�
Sen. Minority Leader Stephen Harding, R-Brookfield, said the law was 鈥渦nconstitutional鈥� and 鈥渁nti-cop.鈥�
鈥淯nfortunately, Gov. Lamont and Democrats in the legislature care more about scoring political points than supporting working-class families and the law enforcement officers who risk their lives every day to protect us,鈥� Harding said.
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