Federal judge rules against New York State’s mask ban for ICE agents

NEW YORK (WABC) — A federal judge issued a preliminary injunction against New York State’s law prohibiting federal immigration agents from wearing masks and requiring them to display identification.

The judge, based in the Northern District, partially granted the preliminary injunction by noting the state’s “face covering and identification acts directly regulate federal officers in violation of the Supremacy Clause.”

“Settled law establishes that federal, not state, authorities make the policies that animate the enforcement of federal immigration laws,” Judge Mae D’Agostino ruled.

New York Attorney General Letitia James and Governor Kathy Hochul released a statement after the judge denied the federal government’s motion for a preliminary injunction blocking New York’s ban on local law enforcement and ICE agents wearing masks.

Also in the ruling, the judge refused to block New York’s separate law banning local immigration enforcement agreements.

“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. 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 statement said.

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