A federal judge in the United States temporarily suspended a New York state law imposing a mask ban on federal immigration agents. Judge Mae D'Agostino issued a preliminary injunction blocking enforcement of two key provisions that prohibit federal agents from wearing masks and require them to display their identities.
In her ruling, D'Agostino, a district judge for the Northern District of New York, said the provisions were likely unconstitutional because they interfere with the operations of federal law enforcement agencies, including ICE, the FBI, the DEA and CBP. She emphasized that only the federal government can determine how federal agents perform their duties and that a state cannot impose its own uniform rules because it disagrees with how the federal government exercises its authority.
New York Governor Kathy Hochul and Attorney General Letitia James criticized the court's decision to block the mask ban. In a joint statement, they said, "We do not believe masked agents make New York safer, and we are currently reviewing all legal options."
However, D'Agostino declined to block a separate provision that prohibits local law enforcement agencies from performing federal immigration enforcement functions under 287(g) agreements. The judge noted that the participation of state and local agencies in federal civil immigration enforcement is voluntary under federal law.
Governor Hochul and Attorney General James welcomed this part of the ruling. In their statement, they said, "New York's ban on 287(g) agreements is lawful and will keep our communities safe. Local law enforcement should focus on local issues, and New York taxpayers should not have to foot the bill for any cooperation with ICE."
