More than a year ago, the New York City Bar Association publicly condemned the use of masks by immigration agents and other law enforcement officials. On Monday, the organization spoke out again to denounce that, since then, little has changed.
A state law that prohibits federal agents from wearing masks while on duty remains blocked in federal courts. Meanwhile, the Trump administration has further scaled back Immigration and Customs Enforcement’s (ICE) body camera program and cut staff from offices charged with internal oversight of the agency.
The use of masks by ICE agents has drawn criticism from Democratic lawmakers and civil rights groups, who believe the practice can be used to evade accountability. The federal government, however, maintains that masks are necessary to protect officer safety and has challenged efforts to restrict their use in court, arguing there are constitutional reasons to do so.
In its most recent statement, the New York Bar Association called on Congress to prohibit law enforcement officers from concealing their identity. He also criticized the widespread use of masks and other forms of identity concealment by federal agents, considering that these practices “undermine the rule of law,” generate fear, and can contribute to human rights violations.
“It has become evident that the use of masks or other means of concealing their identity by federal immigration agents and other federal law enforcement officials, such as not wearing badges, has generated fear and distrust of authorities and potentially encouraged rights violations,” the organization said in its statement. “Furthermore, the use of masks to conceal the identity of law enforcement officers serves no legitimate purpose. Law enforcement officers across the country work without masks and reveal their identity through name badges and insignia; federal agents should be no different.”
As part of the state budget, New York passed a package of immigration-related laws that included a measure to prohibit state and federal officials — including ICE agents — from wearing masks while on duty, except in certain security situations.
However, in August, a federal judge in the Northern District of New York blocked the law from taking effect after the Justice Department sued the state to challenge the measure.
In its statement, the Bar Association also noted that the federal government has stepped up its advocacy for mask wearing. The Trump administration reduced internal oversight by cutting funding for ICE body cameras and reducing staff in Department of Homeland Security (DHS) oversight offices.
The New York legal dispute is part of about 20 cases in which different states have passed or introduced laws requiring law enforcement officers to show identification and prohibiting the use of face coverings other than for medical reasons. The Justice Department has challenged those measures, arguing that states cannot regulate federal agents because of the Supremacy Clause and intergovernmental immunity.
ICE has maintained that federal agents need to be able to wear masks to protect themselves from harassment.
In addition to calling on Congress to act, the Bar Association renewed its direct call to the Trump administration to “immediately end the practice of mask-wearing and restore the oversight mechanisms it has eliminated.”
In response to the association’s statement, an ICE spokesperson criticized New York state lawmakers, stating that “sanctuary politicians attempting to ban our federal law enforcement agents from wearing masks are despicable and a blatant attempt to endanger our agents. To be absolutely clear: We will not abide by unconstitutional bans.”
