Judge Rules Against New York’s Ban on Federal Agents’ Masks
A federal judge has issued a preliminary injunction stating that New York cannot prohibit federal agents from wearing face coverings or mandate visible identification.
U.S. District Judge Mae D’Agostino remarked that the case pertains to constitutional issues rather than matters of transparency or policy preferences. She acknowledged that New York’s efforts for transparent policing seem well-intentioned.
However, the judge argued that New York’s Mandating End of Lawless Tactics (MELT) Act, part of Governor Kathy Hochul’s 2026 state budget, likely infringes upon the Constitution’s Supremacy Clause.
“Settled law establishes that federal, not state, authorities make the policies that animate the enforcement of federal immigration laws,” D’Agostino stated.
The ruling also involved a denial of the federal government’s request to block another New York law, the Local Cops, Local Crimes Act. This particular legislation prevents state and local law enforcement from entering into agreements that enable local officers to engage in civil immigration enforcement, known as Section 287(g) agreements.
By maintaining this part of the law, the court allowed New York’s ban on 287(g) agreements to continue. Following the ruling, Governor Hochul and New York Attorney General Letitia James shared a joint statement. They insisted that New York’s ban on these agreements is lawful and essential for community safety, arguing that local law enforcement should focus on local concerns without having to share costs with ICE. They also expressed their objection to the mask ban for federal agents, stating that such measures do not enhance safety and that their offices are exploring legal options.
“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.
This ruling echoes a recent decision pertaining to California. Earlier this year, a judge in California halted enforcement of a similar law, known as the No Secret Police Act, which prohibited federal and law enforcement officers from wearing masks during police activities, except in certain tactical situations. With a preliminary injunction from U.S. District Judge Christina Snyder, California still could require visible identification for its officers, but in April, the 9th Circuit Court blocked California from enforcing its identification requirements, affirming that states typically cannot dictate how federal officers perform their duties.
