A federal judge has temporarily blocked New York from enforcing provisions of a state law that would prohibit US Immigration and Customs Enforcement (ICE) officers from wearing face coverings and require them to display visible identification while conducting immigration operations.
However, the court allowed another provision of the law—barring local law enforcement agencies from entering into certain cooperation agreements with ICE—to remain in effect.
Court Rules Mask Ban Likely Unconstitutional
In a preliminary ruling, US District Judge Mae D’Agostino held that New York’s efforts to increase transparency in law enforcement may be well-intentioned, but the challenged provisions are likely unconstitutional under the Supremacy Clause of the US Constitution, which prevents states from regulating the conduct of federal agencies and officers.
The judge concluded that the Trump administration had demonstrated a strong likelihood of succeeding in its legal challenge, meaning New York cannot, for now, arrest or penalise ICE officers solely for wearing face coverings while performing federal immigration duties.
Although Judge D’Agostino acknowledged concerns that masked federal officers without visible identification could raise public safety and accountability issues, she said those concerns do not permit a state to regulate federal law enforcement activities.
Court Upholds Ban on Local Cooperation Agreements
The court declined to block a separate provision prohibiting New York law enforcement agencies from entering into Section 287(g) agreements with ICE.
These agreements allow state and local police departments to assist federal authorities in enforcing immigration laws.
Judge D’Agostino ruled that New York has the authority to determine how its own law enforcement resources are used and that restricting such agreements serves a legitimate state interest in protecting public welfare. The provision is scheduled to take effect later this month.
Background
New York Governor Kathy Hochul signed the legislation in May amid intensified immigration enforcement during President Donald Trump’s second term.
The US Department of Justice challenged both provisions of the law, arguing that states cannot enact legislation governing the conduct of federal law enforcement officers.
Following the ruling, Governor Hochul and New York Attorney General Letitia James welcomed the court’s decision to uphold the restriction on 287(g) agreements, stating that local police should focus on community policing rather than federal immigration enforcement and that state taxpayers should not bear the costs of assisting ICE operations.
At the same time, both officials reaffirmed their opposition to masked federal immigration officers and said they are reviewing legal options after the court temporarily blocked enforcement of the face-covering and identification requirements.
The decision follows similar federal court rulings in California, Virginia, and Pennsylvania, where judges have also blocked state efforts to restrict federal immigration officers from wearing face coverings during enforcement operations.
The case comes amid continuing political debate over immigration enforcement and cooperation with ICE, an issue expected to feature prominently in New York’s upcoming gubernatorial election.
