Federal judge blocks New York mask ban and ID mandate for ICE agents

In Brief

• District Judge Mae D’Agostino issues preliminary injunction.
• Mask ban and ID requirement for ICE agents blocked.
• Ban local police cooperation agreements with ICE upheld by judge.
• Gov. Kathy Hochul and AG Letitia James support ban on cooperation agreements.

A federal judge has blocked New York‘s ban on immigration agents wearing masks to hide their identities in an initial victory for the Trump administration in its legal battle against constraints the state enacted in May.

The mask ban applies to all law enforcement officers and targets a controversial practice federal agents have used while carrying out the administration’s mass deportation campaign. Several other states, including neighboring New Jersey, have set similar bans and are also defending them in court challenges.

The judge hearing the New York case in Albany issued a preliminary injunction on Monday, Aug. 3, that suspends the mask ban while the case plays out. She cited the argument that states can’t set rules for federal agents due to the Constitution’s Supremacy Clause, concluding that the Trump administration is likely to win its challenge of the mask ban on that ground.

District Judge Mae D’Agostino reached that decision after sympathizing with accountability concerns that state officials raised — and what she called “recent troubling events which loom darkly over the public perception of the manner in which federal immigration law is enforced.”

“New York appears to be well-intentioned in its pursuit of transparent policing,” D’Agostino wrote in a 51-page decision. “However, the issue now before the Court is about constitutionality — not transparency or preferable policy decisions.”

D’Agostino also blocked an additional requirement that all officers wear identification, such as their agency’s name and their own name or identification number if they are in uniform.

But the judge left in place for now another step the administration is challenging: a ban on formal cooperation agreements between local police agencies and Immigration and Customs Enforcement.

Gov. Kathy Hochul and Attorney General Letitia James hailed that part of the judge’s ruling, saying in a joint statement that the state’s ban on 287(g) agreements “is legal and will keep our communities safe.” Only 12 police and sheriff’s departments throughout the state had opted to sign such contracts, which they are supposed to terminate by Aug. 25 under rules enacted in the state budget.

“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,” the statement read.

The Trump administration has defended its agents’ use of masks and their wearing no identification as a vital safety measure, arguing they must hide their identities to prevent retaliation against them and their families. Critics have deplored the practice as an evasion of accountability for questionable actions — and the hallmark of a secret police force in an authoritarian state.

“Governor Hochul cannot tell Federal officers how to do their job,” Stanley Woodward, an associate U.S. attorney general, said in a statement when the Department of Justice sued New York in June. “And she certainly cannot prohibit them from ensuring their own safety in conducting Federal law enforcement operations.”

The department is asking the court to strike down both the mask ban and the prohibition on 287(g) agreements. It didn’t challenge another part of the new law that stops county jails from holding ICE detainees for a fee, as Orange County has done under contract since 2008 to fill unused jail space and bolster its revenue. Back in 2018, it housed 174 detainees a day on average and reaped more than $8 million a year in payments.

The new law gave Orange and other counties three months to return any ICE detainees they held in their jails, putting the deadline at Nov. 25.