New York’s ICE mask ban is latest blue-state loss in court
A federal judge in New York has issued a preliminary injunction blocking the state’s law that prohibited Immigration and Customs Enforcement (ICE) agents from wearing face masks and required their identification to be visible. Judge Mae D’Agostino ruled that the Constitution’s supremacy clause prevents New York from regulating federal law enforcement activities, effectively overturning a law signed by Governor Kathy Hochul. The Trump administration had sued New York over this law, similar to a prior case in California, claiming it was unconstitutional. the ruling also affects ongoing debates over cooperation between local law enforcement and federal agencies, with the judge affirming that only federal authorities can set policies for federal agents. New York officials, including Mayor Zohran Mamdani and Attorney General Letitia James, stated their belief that the law was legal and aimed at community safety, and indicated they are exploring legal options. The decision underscores ongoing legal battles over states’ attempts to regulate federal agencies and enforce immigration laws.
A federal judge on Monday ruled New York cannot prohibit Immigration and Customs Enforcement from wearing face masks.
U.S. District Judge Mae D’Agostino in the Northern District of New York issued a preliminary injunction ruling that the Constitution’s supremacy clause does not permit the state to regulate federal law enforcement activities. The ruling, which swiftly sparked backlash from New York Mayor Zohran Mamdani and other officials, blocks a measure Gov. Kathy Hochul (D-NY) signed into law in May that banned federal agents from wearing face coverings and required that they wear visible identification.
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“Settled law establishes that federal, not state, authorities make the policies that animate the enforcement of federal immigration laws,” D’Agostino, who was appointed by former President Barack Obama, wrote. “The issue now before the Court is about constitutionality—not transparency or preferable policy decisions… New York cannot impose its own uniform requirements on federal agents simply because it disagrees with how the Federal Government is exercising its authority.”
D’Agostino’s ruling comes after the Trump administration sued New York over the new law in late June, a week before the mask ban was set to go into effect. The administration also sued and won a similar case in California, where a federal judge ruled in February that the Golden State law banning masks and requiring federal officers to wear visible badge numbers and names violated the Constitution’s supremacy clause.
“Blue states continue to stack losses as they try to pass unconstitutional bans on ICE officers wearing masks,” James Percival, a general counsel for the Department of Homeland Security, which oversees ICE, posted on X following Monday’s ruling in New York.
The same ruling delivered a blow to the Trump administration’s efforts to overturn New York’s ban on local and state law enforcement authorities from cooperating with the Department of Homeland Security. D’Agostino said that the state has the authority to regulate its own police agencies, after the Trump administration appealed a new New York law blocking such cooperation, known as 287(g) agreements. Hochul signed the Local Cops, Local Crimes Act prohibiting such cooperation into law in May.
On Monday, she released a joint statement with Attorney General Letitia James, weighing in on the judge’s latest ruling on the legislation.
“As we have said from the start, New York’s ban on 287(g) agreements is legal and will keep our communities safe,” the statement read. “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.”
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Mamdani also weighed in, pointing residents to legal options in a post to X that said: “Public safety does not come from masked armed agents taking people off our streets.”
“To immigrant New Yorkers: you belong in this City, and this City stands with you,” the mayor said.
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