ALBANY, New York — A federal judge has temporarily blocked New York from enforcing its ban on face coverings and identification restrictions against federal immigration agents, while preserving a separate law barring local police from performing ICE duties.
U.S. District Judge Mae D’Agostino ruled that the Trump administration is likely to prove New York’s mask requirements unlawfully regulate federal officers in violation of the Constitution’s Supremacy Clause. The preliminary injunction prevents local authorities from arresting ICE agents merely for concealing their faces during enforcement operations.
D’Agostino acknowledged that masked and insufficiently identified agents may create dangerous situations and undermine transparent policing. However, she said courts must decide constitutional questions rather than determine which policing policies are preferable.
The judge refused to block New York’s prohibition on agreements made under Section 287(g), which allows ICE to deputize state and local officers for federal immigration enforcement. She found the state may decide how its personnel, facilities and taxpayer resources are used.
Gov. Kathy Hochul and Attorney General Letitia James defended that portion of the ruling, arguing local police should focus on community crimes rather than civil immigration enforcement. They are reviewing whether to appeal the mask decision.
The ruling follows similar federal court decisions blocking mask restrictions in California and Pennsylvania, leaving the increasingly common use of masked immigration agents unresolved nationally.
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