US District Judge Chad Kenney temporarily blocked the enforcement of Philadelphia's law that bans federal law enforcement officers from wearing masks and restricts identity concealment against federal officers.
The decision came just before the law was set to take effect on Tuesday. Judge Kenney stated that the city cannot dictate how federal officers conduct their operations.
In the lawsuit filed by the Justice Department last month, it was argued that the regulation was a 'clearly unconstitutional' attempt to regulate federal agents. In his ruling, Kenney cited the Supremacy Clause of the US Constitution, emphasizing that federal law prevails when it conflicts with state and local laws.
Kenney said, 'When the Philadelphia City Council passed Bill No. 260060, it attempted to circumvent the clear command of the Constitution and ignored this fundamental principle that has guided American law for over 200 years.'
The judge warned that if Philadelphia's position were adopted, municipalities could pass their own laws dictating how federal law enforcement agencies conceal their identities.
Philadelphia's mask ban was passed by the City Council as part of a broader legislative package amid nationwide debates over raids by masked immigration agents. The law covers local, state, and federal law enforcement officers, but Thursday's preliminary injunction only blocks its enforcement against federal officers.
The regulation prohibits on-duty officers in contact with the public from wearing masks or concealing their identities, with exceptions for medical masks, religious coverings, and certain tactical equipment. It also requires visible badges and, in certain situations, the use of marked vehicles. Violations carry civil and criminal penalties.
Philadelphia Mayor Cherelle Parker had refused to sign the bill after the city's law department advised that the law raised significant legal issues. However, the law, which was not vetoed, took effect in May without Parker's signature. Judge Kenney wrote that Parker showed 'constitutional wisdom and courage' by not signing the law.
The Justice Department welcomed the court's decision and said, 'We will continue to fight jurisdictions that seek to obstruct President Trump's immigration enforcement and endanger agents and public safety.'
This case is the latest example of the legal battle between the Trump administration and state and local governments seeking to impose mask bans or identification requirements on federal officers. On Tuesday, a federal judge in Virginia halted a law banning federal law enforcement from wearing masks. In February, a similar law in California was blocked, and the Justice Department also filed a lawsuit to block the mask ban in New Jersey.