A federal judge on Aug. 4 blocked New York provisions that barred ICE agents from wearing face coverings and required them to display identification, finding those measures conflict with the Supremacy Clause. Judge Mae D'Agostino declined to block a separate state law that prohibits formal cooperation agreements between ICE and local police. The judge said states can limit local cooperation with federal agencies while federal authorities retain control over how federal immigration enforcement is carried out.
Federal Judge Strikes Down New York Mask and ID Rules for ICE, Upholds Ban on Cooperation Agreements
A federal judge has blocked a New York State law that bans Immigration and Customs Enforcement agents from wearing masks and requires them to wear identificiation. The judge left a law banning cooperation between local law enforcement agencies and ICE. File Photo by Bonnie Cash/UPI
Aug. 4 (UPI) — A federal judge on Aug. 4 blocked portions of a New York state law that forbade Immigration and Customs Enforcement (ICE) agents from wearing face coverings and that required them to display identification while operating in the state. The judge declined, however, to enjoin a separate statute that prohibits formal cooperation agreements between ICE and local law enforcement agencies.
Ruling and Legal Reasoning
Judge Mae D'Agostino said New York 'appeared to be well intentioned in its pursuit of transparent policing,' but concluded the provisions banning masks and requiring ID 'directly regulate federal officers in violation of the Supremacy Clause,' rendering those provisions unconstitutional. She noted that 'settled law establishes that federal, not state, authorities make the policies that animate the enforcement of federal immigration laws.'
'Whether federal law enforcement agencies have chosen to carry out such operations in a sufficiently transparent manner is an important question,' D'Agostino added, 'but that question is not for this court to answer at the present time.'
The judge also observed that federal courts have previously struck down similar state-level restrictions in Pennsylvania and Virginia.
Cooperation Ban Upheld
On the separate provision that prohibits formal cooperation agreements between ICE and local police, D'Agostino found the law 'is an appropriate means of furthering New York's legitimate interests in protecting public welfare and choosing how state and local resources are expended,' and she refused to block that part of the statute.
State Reaction
New York Governor Kathy Hochul and Attorney General Letitia James issued a joint statement after the ruling, saying the ban on ICE cooperation agreements 'is legal and will keep our communities safe.' They added that '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.'
Regarding the mask and ID provisions, the offices of the governor and attorney general said they 'are reviewing all legal options at this time' and reiterated, 'We stand firm in our belief that masked agents do not make New York safer.'
The decision effectively prevents New York from imposing mask-and-ID rules on federal immigration officers while allowing the state to bar formal cooperation agreements between local agencies and ICE.
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