Ilya Shapiro and Jesse Arm of the Manhattan Institute wrote an op-ed in the Wall Street Journal that urges Donald Trump to enforce laws against protesters wearing masks.
“While the First Amendment protects freedom of speech and assembly, it doesn’t shield coordinated campaigns of intimidation carried out anonymously,” they write.
Indeed, anti-masking laws have been in place in many states since the heyday of the Ku Klux Klan. The problem is that state authorities rarely enforce those laws. What’s more, the protests have taken on an entirely different character than the simple exercise of democracy seen in past demonstrations. The protesters’ efforts to intimidate and coerce federal law enforcement agents have become what Tal Fortgang calls “civil terrorism.”
Attacks against ICE agents have increased 830% since Jan. 21, 2025. The assaults are often carried out by masked protesters who hide their identities to carry out their crimes.
The question is, should protesters be able to protect themselves from government surveillance? The Constitutional right to privacy gives protesters some protection as long as they’re engaged in legitimate forms of protest. Separating “legitimate” protesters from criminals is a problem that law enforcement faces. Inevitably, people who obey the law and engage in legitimate activity are caught up and arrested with criminals.
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Unmasking protesters would not only make it easier for law enforcement to arrest violent perpetrators, but it would also grant some protection to those attending a demonstration who obey the law and act peacefully.
Lawmakers in red and blue states alike have introduced antimasking bills tailored to today’s protest landscape. But state action alone won’t solve the problem—especially when the worst offenses increasingly take place on federal property or involve interference with federal officers. That’s where President Trump comes in. He should order the following three steps:
First, the Justice Department should direct federal prosecutors to pursue enhanced sentences for masked criminals. Federal guidelines allow sentencing enhancements for obstruction of justice or premeditated conduct. A masked assault can lead to a two-level sentence increase, making it more likely that violent offenders serve real time.
Second, the Homeland Security Department should deploy Federal Protective Service officers to respond to masked protesters on federal property. DHS is already empowered to secure federal buildings and grounds. New regulations prohibit the use of masks to avoid identification while breaking the law on federal property. That authority now needs to be enforced aggressively.
On the other side of the masking debate are the efforts of states and Democrats in Congress to unmask federal agents while carrying out lawful enforcement actions.
“When the enforcement agents mask themselves and don’t wear badges — so you have no idea who they are, what agency they work for, what authority they operate under — then it becomes impossible to hold them accountable for their actions,” said New York City City Comptroller Brad Lander, who backs a bill that would require all law enforcement to wear clear identification with names and badge numbers.
Lander said agents wear masks “for the purpose of striking fear into asylum seekers and immigrants in the hope that they will be terrorized by masked gangs who seek to grab and abduct them.”
“Our agents are being assaulted by rioters with rocks and Molotov cocktails thrown at them and shot at; these sanctuary politicians must tone down their rhetoric,” said Tricia McLaughlin, an assistant secretary at the Department of Homeland Security. “This despicable rhetoric about our brave law enforcement has contributed to a 700 percent increase in assaults against them.
“Additionally, Comptroller Lander has clearly never been on an ICE operation because he would see our officers verbally identify themselves, wear vests that say ICE/ERO or Homeland Security, and are flanked by vehicles that also say the name of the department. When our heroic law enforcement officers conduct operations, they clearly identify themselves as law enforcement. These arguments are getting a little desperate.”
The instances of “doxxing” ICE agents have skyrocketed as activists have created several websites devoted exclusively to unmasking ICE officers. Unmasking them would be tantamount to giving violent criminals an open invitation to threatening or assaulting an agent and their family.
Unmasking protesters is necessary to protect everyone. Unmasking ICE agents is necessary for those who wish to do them harm. It’s no more complicated than that.
Editor’s Note: Radical leftists are doing everything they can to hamstring President Trump’s agenda to make America great again.
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