US judge blocks New York’s ICE mask ban. (AP Photo)
A federal judge has temporarily blocked New York from enforcing a law that bars US Immigration and Customs Enforcement (ICE) agents from wearing face coverings and requires them to display visible identification, ruling that the measures are likely unconstitutional.However, the court allowed another provision restricting local police cooperation with ICE to remain in force.
Judge cites Constitution, not policy
In a preliminary ruling, US District Judge Mae D’Agostino said New York’s efforts to promote transparency in policing may be well-intentioned, but the court’s decision was based on constitutional principles rather than public policy, The Guardian reported.The judge held that the Trump administration had shown a strong likelihood of succeeding in its argument that the state law violates the Supremacy Clause of the US Constitution, which prevents states from regulating federal law enforcement officers.The ruling means local police cannot arrest or penalise ICE agents solely for wearing face coverings while carrying out federal immigration operations.D’Agostino acknowledged that masked federal officers without visible identification could create safety concerns, but said those issues do not override constitutional limits on state authority over federal agencies.
ICE cooperation ban survives legal challenge
While blocking the mask and identification provisions, the judge declined to halt another section of the law that prohibits New York law enforcement agencies from entering into “287(g)” agreements with ICE. These agreements allow local police departments to assist federal immigration authorities in enforcing immigration laws.D’Agostino ruled that the restriction serves New York’s legitimate interest in deciding how state and local resources are used and in protecting public welfare. The provision is scheduled to take effect later this month.
Law signed amid immigration crackdown
New York Governor Kathy Hochul signed the legislation in May following increased immigration enforcement operations during President Donald Trump’s second term.The Justice Department had challenged both provisions, arguing that states cannot pass laws governing the conduct of federal agencies.Following the ruling, Hochul and New York Attorney General Letitia James welcomed the court’s decision to keep the 287(g) restriction in place, saying local police should focus on local responsibilities and taxpayers should not bear the cost of assisting ICE operations.At the same time, they reiterated their opposition to masked federal agents, saying they are reviewing legal options after the court blocked enforcement of the face-covering restrictions.The decision comes after similar rulings by federal courts that have blocked state efforts in California, Virginia and Pennsylvania to restrict federal immigration officers from wearing masks during enforcement operations.The dispute comes as immigration enforcement and cooperation with ICE remain politically charged issues ahead of New York’s gubernatorial election, where Hochul’s stance on limiting local cooperation with federal immigration authorities has become a key campaign issue.
