New York: Hochul's anti-mask law targeting ICE fails to last a single round in court

A federal judge struck down on Monday the controversial law requiring ICE agents to operate with their faces uncovered and to wear identification in New York.

Judge Mae D'Agostino of the Northern District of New York issued a preliminary injunction blocking those two provisions while the substantive litigation against the rule continues.

The ruling directly undermines the argument that a state can set its own rules regarding how federal agents must appear and conduct themselves within its territory. D'Agostino ruled that this claim violates the Constitution, since only the federal government has the authority to establish policies governing the operations of ICE, the FBI, the DEA, and U.S. Customs and Border Protection (CBP).

"New York cannot impose its own uniform requirements on federal agents simply because it disagrees with how the Federal Government is exercising its authority," the judge stated in her ruling.

Governor Kathy Hochul and Attorney General Letitia James, the driving forces behind the regulation, strongly criticized the ruling. Both officials insisted that masked officers do not make the public safer and stated that their legal teams are already evaluating next steps.

"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," they stated in a joint press release.

However, it was not an entirely victory for the federal government, as D'Agostino upheld another part of the law that prevents New York's local law enforcement agencies from participating in immigration enforcement under the so-called 287(g) agreements. The judge noted that such collaboration is voluntary under federal law, so refusing to participate does not amount to discrimination against the federal government.

Hochul and James hailed this ruling as a victory of their own and argued that New York taxpayers should not have to fund local cooperation with ICE. "As we have said from the start, New York's ban on 287(g) agreements is legal and will keep our communities safe. 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," they stated in their release.

The ruling is the latest in a series of legal clashes between Washington and Democratic state and local governments over the scope of immigration operations, at a time when several states have attempted to impose similar restrictions on federal agencies operating within their territory.