ALBANY, N.Y.—U.S. District Judge Mae D'Agostino blocked New York state's law prohibiting federal immigration agents from wearing masks while on duty, issuing a preliminary injunction after the Justice Department sought emergency relief.
D'Agostino's 51-page ruling found the federal government will likely prevail at trial on its argument that New York's face-covering and identification law "directly regulate federal officers in violation of the Supremacy Clause"—meaning state law cannot dictate how federal agents carry out their duties.
New York officials had argued that masked federal immigration officers operating without visible identification could create dangerous situations. D'Agostino acknowledged that concern but said settled law gives federal authorities, not states, the power to set policy for federal immigration enforcement.
The injunction bars state officials from enforcing the mask ban against federal law enforcement, including agents from Immigration and Customs Enforcement, the FBI, the Drug Enforcement Administration and Customs and Border Protection.
D'Agostino did not strike down the entire state law. She allowed a separate provision to stand that blocks localities from entering 287(g) cooperation agreements with federal immigration agencies—arrangements that allow local police to assist in federal immigration enforcement. New York can continue barring its local departments from those programs.
Kiersten Pels, a Justice Department spokesperson, said laws banning federal agents from wearing protective masks are unconstitutional.
The case now proceeds toward a full trial on the merits.
