Montgomery County Asks a Judge to Dismiss the Justice Department's Lawsuit Over Its ICE Mask Ban, Saying the Law Had Already Expired

Montgomery County on Monday asked a federal judge to dismiss the part of a U.S. Department of Justice lawsuit challenging its Unmask ICE Act, arguing that the local law was no longer in force when the Trump administration filed its complaint, Bethesda Today reported. The county council unanimously passed the act on April 28; it prohibited law enforcement officers, including U.S. Immigration and Customs Enforcement agents, from wearing masks while on duty in the county.

The county's mask ban included a sunset provision stating that the law must be of no further force and effect after the Maryland Police Training and Standards Commission adopts a uniform policy on face coverings and identification for officers operating in the state. The commission adopted such a policy on September 2, the county wrote in its filing, and the change required under Maryland's newly adopted SB0001 took effect October 1 - the same day the Justice Department filed suit against the state of Maryland and Montgomery and Prince George's counties. Maryland and Prince George's County also filed separate motions to dismiss on Monday.

The Justice Department alleges that all three jurisdictions overstepped their authority by enacting laws that apply to federal agencies. In its filing, Montgomery County argued the federal government has not shown that any operation was cancelled, delayed or changed because of the act, and County Attorney John Markovs stated in a declaration that his office did not prosecute any cases under the act against any federal officer. A hearing on the three motions had not been scheduled as of Wednesday, according to court records; the Justice Department has until November 9 to respond and declined further comment on the litigation.