New York's mask ban for ICE agents sparks dueling suits with DOJ

MANHATTAN (CN) — New York and the Trump administration are suddenly in a contentious legal battle over the state’s ban on federal agents wearing masks, a restriction set to take effect later this week.

The state and the federal government sued each other late Monday night, filing respective complaints to get court intervention before the law becomes active on Friday. The Trump administration claims the mask ban opens federal agents up to “harassment, tracking, intimidation and assaults.”

Meanwhile, New York officials say it’s a necessary step for public accountability.

“A badge carries with it a responsibility to uphold the public’s trust,” New York Governor Kathy Hochul, a Democrat, said in a statement. “New Yorkers deserve to know who is enforcing the law in their communities and have the assurance that local resources are being deployed to protect public safety, not to intimidate or advance the agenda of a rogue federal agency. These laws reflect New York’s values, and we’re not going to let anyone bully us into abandoning them.”

Hochul signed a package of laws last month mandating certain conduct from federal agents working immigration enforcement in the state, including provisions that bar face coverings and require them to identify themselves.

Her lawsuit, filed in conjunction with fellow Democrat New York Attorney General Letitia James, comes as the Trump administration made clear its intent to challenge the mask ban. White House Border Czar Tom Homan has also threatened to send a surge of Immigration and Customs Enforcement agents to the state in retaliation.

In their complaint, filed in the Northern District of New York, James and Hochul claim ICE operations have “terrified” New York residents. Some agents “committed grave, violent acts against protesters and immigrants,” they claim. But it has been difficult to hold those agents accountable due to their widespread use of face coverings, they add.

“By hiding their faces and refusing to wear identification, federal immigration officers endanger New Yorkers and intentionally evade accountability,” James said in a statement. “Our communities should not have to live in fear of being disappeared by unidentified masked agents.”

James and Hochul are seeking a declaration from the court that the enacted legislation is “a lawful exercise of New York’s sovereign authority.”

Supremacy clause

The Trump administration filed a dueling lawsuit Monday night in the Western District of New York, arguing the state’s mask ban would endanger federal agents in the line of duty.

In a 40-page complaint, the Department of Justice claims facial coverings are “a necessity in preventing agitators from identifying and tracking officers.”

“Federal law enforcement agencies cannot and will not comply with the challenged laws, which are unconstitutional,” the government claims in its lawsuit. “The Face Covering and Identification Acts recklessly disregard officers’ safety, public safety and federal operational needs.”

The government has repeatedly touted a stark increase in threats and assaults against ICE officers since its aggressive enforcement campaign started last year. In its Monday lawsuit, it cited a Homeland Security report in which officials found an 8000% increase in death threats against agents. The details behind these figures remain murky, however.

The DOJ also claims barring masks runs afoul of the supremacy clause in the U.S. Constitution.

“Governor Hochul cannot tell federal officers how to do their job,” Associate U.S. Attorney General Stanley Woodward said in a statement. “And she certainly cannot prohibit them from ensuring their own safety in conducting federal law enforcement operations. Our suit today stops New York’s unconstitutional efforts."

Acting U.S. Attorney General Todd Blanche called the contested laws “anti-law enforcement policies” that are “designed to create risk for our agents.”

It’s the latest of several lawsuits from the government targeting state mask bans on federal agents. In April, the administration sued New Jersey after Governor Mikie Sherrill signed her own version of the law. The DOJ similarly claimed the New Jersey mask ban “recklessly disregards officer safety.”

The government has filed comparable lawsuits against mask bans in Virginia and California.

It found some success in the Golden State. In April, the Ninth Circuit barred California from enforcing its mask ban, finding the government was likely to succeed on the merits of its claim that the law violates the supremacy clause.

If another circuit rules differently, it could tee up a Supreme Court battle on the issue.

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