A federal court issued a preliminary ruling that blocked New York officials from banning federal immigration agents from wearing masks and other coverings.
Democratic New York Gov. Kathy Hochul signed the Face Covering and Identification Acts in May in order to rein in ICE operations in the state.
‘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.’
The Department of Justice sued against the order and argued that it violated the “sovereign function” of the United States.
Linda Fang of the New York State Attorney General’s office argued that the law did not contradict any law issued by the federal government.
“When the federal government has not spoken, it can be subject to general rules that impact its function,” Fang said.
U.S. District Judge Mae D’Agostino sided with the government in the ruling Monday.
“The United States has demonstrated a likelihood that it will succeed on its claim that the Face Covering and Identification Acts directly regulate federal officers in violation of the Supremacy Clause,” D’Agostino wrote.
However, D’Agostino allowed New York to continue banning cooperation agreements between local governments and ICE.
The judge described the ban as the “appropriate means of furthering New York’s legitimate interests in protecting public welfare and choosing how state and local resources are expended.”
New York Attorney General Letitia James and Gov. Hochul released a joint statement about the ruling.
“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,” the joint statement reads.
“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 added.
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Democratic New York state Sen. Patricia Fahy said officials were likely to appeal the decision.
“We always knew there was a constitutional debate on this,” said Fahy. “But either way, we know that the push from us, along with others, has been effective in sending the message that this was totally outrageous — the actions of ICE.”
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