Judge Blocks NY Law Banning Federal Agents From Wearing Masks

Outside of a SWAT team, it’s generally expected that most law enforcement officers are required to identify themselves. For some reason, that doesn’t extend to Immigration and Customs Enforcement (ICE) agents. While New York tried to rectify the issue by implementing a law banning federal agents from wearing masks, a federal judge has issued a preliminary injunction blocking the law. 

The New York Times reports that the Department of Justice (DOJ) filed a lawsuit against New York, claiming that the law was an illegal attempt to regulate the federal government. On Monday, Judge Mae D’Agostino of the Northern District of New York partially granted the DOJ’s request for a preliminary injunction. In her ruling, D’Agostino explained she expected the federal government’s argument that the state’s “face covering and identification acts directly regulate federal officers in violation of the Supremacy Clause” would succeed at trial.

D’Agostino wrote that while New York lawmakers “may be correct that federal immigration officers wearing masks and not displaying viable identification creates certain dangerous situations that the face covering and identification acts remedy … settled law establishes that federal, not state, authorities make the policies that animate the enforcement of federal immigration laws.”

This marks yet another success for the Trump administration in their crusade against face mask bans. California was the first state to implement a ban on federal agents wearing face masks last year. The DOJ filed a lawsuit against that ban that ultimately proved successful, which unfortunately paved the way for mask bans such as New York’s to be rendered unconstitutional. 

It’s kind of wild that the Trump administration isn’t willingly ending masks for ICE agents considering how the practice has already proved to be dangerous. Last month, a woman in Oregon was assaulted for 20 minutes after a group of men pretending to be ICE agents abducted her from her vehicle. The FBI has already come out and said that ICE impersonators are a growing problem. People have been taking advantage of ICE’s use of face masks to commit robberies, kidnappings, and sexual assault. 

As a result of the killings of Renee Good and Alex Pretti and the widespread chaos caused by ICE raids last year, public opinion has largely soured on the agency. Yet, for some reason, none of those facts has resulted in the Trump administration realizing that maybe, just maybe, most people don’t want armed, masked agents running rampant through the streets. 

While D’Agostino struck down the mask ban, she allowed the state to move forward with a ban preventing New York law enforcement from collaborating with ICE. New York Gov. Kathy Hochul and Attorney General Letitia James released a statement applauding the judge’s decision to allow the cooperation ban. “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,” the statement reads. 

The cooperation ban also prevents ICE from raiding schools, hospitals, and daycare facilities without a judicial warrant. Later in the statement, Hochul and James said they will explore further legal options on how to proceed with banning ICE from wearing face masks.

“We stand firm in our belief that masked agents do not make New York safer,” the statement reads. 

SEE ALSO:

ICE Masks Are Just Modern Ku Klux Klan Hoods [Op-Ed]

DOJ Sues California Over Law Prohibiting Feds Wearing Masks

Federal Judge Blocks California’s Mask Ban Targeting ICE Agents

California Lawmakers Pass Bill Banning Law Enforcement From Wearing Masks

DOJ Wants To Block California Ban On ICE Wearing Masks

Report: Fake Masked ‘ICE’ Agents Assault Woman In Oregon