A federal judge suspended the application of a New York state law that prohibited Immigration and Customs Enforcement (ICE) agents from wearing masks during their operations. The judge concluded that the measure probably improperly interferes with the functions of the federal government.
The decision responds to a lawsuit filed by the federal government to stop the law, which went into effect at the end of June. The rule sought to prevent ICE agents from making arrests with their faces covered, a practice that, according to its promoters, makes it difficult to identify officers and favors arrests with little or no justification.
During the trial, attorneys for the state argued that New York acted within its powers to protect public safety. However, federal Judge Mae D’Agostino, appointed by former President Barack Obama, ruled that a state cannot dictate how the federal government carries out its functions.
“The Supreme Court has clearly held that the United States can exercise its functions without conforming to a state’s police regulations,” D’Agostino wrote. “Although the federal government has limited powers, the states cannot prevent it from exercising its powers under the Constitution or impede its authorized officials.”
In her 51-page ruling, issued Monday night, the judge noted that the federal government has the authority to take any measures it deems necessary to enforce the Immigration and Nationality Act without interference from the states.
Therefore, he maintained that if federal authorities consider it necessary for ICE agents to wear masks during operations, New York cannot prohibit that practice.
“Case law establishes that policies to enforce federal immigration laws rest with federal authorities, not states,” he wrote.
D’Agostino added that states have no authority to “hinder, burden, or control in any way the execution of constitutional laws passed by Congress.” He also recalled that the doctrine of intergovernmental immunity protects the federal government against state laws that directly regulate its activities or discriminate against it.
The Department of Justice welcomed the ruling and assured that it will continue to focus on “maintaining public order and security.”
For her part, New York Attorney General Letitia James, who defends the law, reiterated that her office maintains the position that “masked officers do not make New York a safer place.” He also reported that he is analyzing all legal options to defend the ban.
Similar attempts in other parts of the country have also failed. A federal judge in California declared a similar law unconstitutional because it exempted state police, while a Philadelphia judge blocked a municipal ordinance that also sought to prevent ICE agents from concealing their identity during operations.
The decision issued Monday is preliminary and is part of a lawsuit by the federal government against a package of laws passed by New York to limit cooperation with ICE and restrict some of its operations in the state.
In addition to challenging the ban on the use of masks, the Department of Justice asked to suspend other provisions that prevent state and municipal police from collaborating with ICE or receiving instructions from that agency. He also asked to block a ban on local governments and public institutions, such as prisons and schools, from entering into contracts with the federal agency.
The judge rejected that request.
According to D’Agostino, these laws are probably valid because a state can decide not to voluntarily collaborate with the enforcement of immigration laws without preventing the federal government from acting on its own.
“Although such agreements may facilitate the enforcement of immigration laws and the federal government benefit from local cooperation, a state law prohibiting such agreements does not prevent the federal government from enforcing the law,” he wrote.
The judge added that it would make no sense to interpret a federal law based on voluntary cooperation as forcing a state to provide that cooperation.
As a result of the ruling, all current contracts between ICE and local agencies must end by August 25, and no new agreements can be signed after that date.
Although the Justice Department did not comment on that part of the decision, Letitia James’ office called it a victory for community safety.
“Local law enforcement agencies should focus on local issues, and New York taxpayers should not fund collaboration with ICE,” James said.
While the litigation continues, restrictions on cooperation between state agencies and ICE will remain in effect. Instead, the ban on federal agents wearing masks will remain suspended until the judge issues a final ruling in the coming months.
