Federal Judge Drops Major Ruling in Favor of ICE
A federal judge has temporarily blocked New York from enforcing a law that would have required U.S. Immigration and Customs Enforcement agents to remove face coverings and display identifying information while carrying out their duties, ruling that the state likely overstepped its constitutional authority.
On Monday, U.S. District Judge Mae D'Agostino of the Northern District of New York issued a preliminary injunction preventing enforcement of the measure while litigation continues. The ruling concluded that federal immigration enforcement policies fall under federal authority and cannot be dictated by individual states.
In her opinion, D'Agostino acknowledged New York's stated goal of increasing transparency in law enforcement but emphasized that the legal question before the court was constitutional rather than political.
"The issue now before the Court is about constitutionality — not transparency or preferable policy decisions," she wrote.
The judge further concluded that the state's requirements governing face coverings and identification for federal immigration officers "directly regulate federal officers in violation of the Supremacy Clause," referring to the constitutional principle that federal law generally takes precedence over conflicting state laws.
D'Agostino also recognized the concerns raised by state officials regarding masked federal agents.
She wrote that New York officials "may be correct that federal immigration officers wearing masks and not displaying visible identification creates certain dangerous situations that the face covering and identification acts remedy."
Even so, she determined that established legal precedent places decisions about federal immigration enforcement with the federal government, not the states.
"Settled law establishes that federal, not state, authorities make the policies that animate the enforcement of federal immigration laws," she wrote.
The challenged law was approved by the New York Legislature as part of the state budget and signed by Democratic Gov. Kathy Hochul in May. It took effect in June before being challenged in federal court.
Following the ruling, New York Attorney General Letitia James indicated the state was considering its next legal steps.
"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," James said in a statement.
New York is not the only state to pursue restrictions on how ICE agents operate. Similar efforts have emerged elsewhere, though they have also faced legal challenges. A comparable California measure was previously blocked, and the Department of Justice filed suit against Connecticut in May over a similar law.
Although D'Agostino halted enforcement of the face-covering and identification provisions, she declined to block a separate New York law prohibiting formal cooperation agreements between local law enforcement agencies and ICE. That provision is scheduled to take effect later this month.
Some local sheriffs have already said the new restrictions will not prevent them from communicating with federal immigration authorities when criminal suspects are involved.
Madison County Sheriff Todd Hood said his office will continue notifying ICE when individuals in the county jail are in the country illegally and have been charged with crimes.
"I'm still going to contact ICE when we have somebody come in here that's illegal and committed a crime," Hood said. "They are going to come get them, and we're going to hand them off, and they are going to go with them and get the issue that they have with ICE taken care of."
Hood argued that cooperation between local law enforcement and federal immigration authorities remains important in serious criminal cases.
"Imagine something like that happening to one of your family members," he said while discussing a first-degree rape case. "You would want the police working together, and there's the divide where they aren't allowing that to happen in New York state."
According to Hood, his office has honored seven ICE detainers since September involving charges that included rape, robbery, driving while intoxicated, and weapons offenses.
"When somebody comes into my jail with a criminal charge, and they're an illegal, they'll still get notified," Hood told Syracuse.com. "They're still going to come pick them up. The only thing is I can't have a contract with them."
The case will now proceed through the federal courts, where judges will determine whether New York's law can ultimately survive constitutional scrutiny.