Federal judge blocks New York law banning ICE agents from wearing masks

A federal judge on Monday blocked key portions of a New York law that would have prohibited federal immigration agents from wearing masks and required them to display visible identification while carrying out their duties.

U.S. District Judge Mae D’Agostino of the Northern District of New York issued a preliminary injunction preventing the state from enforcing the two provisions while a legal challenge to the law continues to move forward.

In her ruling, D’Agostino found the challenged provisions were likely unconstitutional because they interfere with federal law enforcement operations, including those carried out by Immigration and Customs Enforcement (ICE), the FBI, the Drug Enforcement Administration (DEA) and U.S. Customs and Border Protection (CBP).

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The judge said only the federal government has the authority to establish policies governing federal law enforcement operations. Therefore, New York cannot dictate how federal agents perform their official duties.

“New York cannot impose its own uniform requirements on federal agents simply because it disagrees with how the Federal Government is exercising its authority,” the ruling stated.

Gov. Kathy Hochul and New York Attorney General Letitia James criticized the court’s decision to block the mask ban, saying they are currently reviewing more legal options.

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“While the court enjoined enforcement of New York’s mask ban, we stand firm in our belief that masked agents do not make New York safer and our offices are reviewing all legal options at this time,” the pair said in a joint statement.

However, D’Agostino declined to block a separate provision barring New York local law enforcement agencies from performing certain federal immigration enforcement functions under 287(g) agreements.

The judge said participation by state and local agencies in federal civil immigration enforcement is voluntary under federal law.

“The State’s refusal to cooperate in the immigration context—a possibility contemplated by the relevant federal statutes—does not constitute discrimination against the federal government,” the ruling stated.

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Hochul and James welcomed that portion of the ruling, saying New York taxpayers should not have to fund local cooperation with federal immigration authorities.

“As we have said from the start, New York’s ban on 287(g) agreements is legal and will keep our communities safe. Local law enforcement should be focused on local matters, and New York taxpayers should not have to foot the bill for any collaboration with ICE,” their statement read.