A federal judge has issued a preliminary injunction blocking New York State’s recently passed law prohibiting federal immigration enforcement officials from wearing face coverings and requiring them to display identification while interacting with the public.
Judge Mae D’Agostino of the Northern District of New York ruled on Monday that the United States Constitution’s supremacy clause, under which federal laws supersede state laws when they conflict, does not allow the state to regulate federal law enforcement activities.
In May, following the January killing of two American citizens by Immigration and Customs Enforcement, Border Patrol, and Customs and Border Protection agents in separate incidents in Minneapolis, Gov. Kathy Hochul signed a set of laws aimed at protecting residents from aggressive federal immigration enforcement as part of the state’s fiscal year 2027 budget. Included was a prohibition of the wearing of face coverings, exempting “necessary tactical equipment, sunglasses, or medical masks,” according to a May 28 statement announcing the ban.
Following enactment of the package of laws, the federal government notified the state of its intent to sue, and Thomas Homan, the White House “border czar,” threatened to deploy “more ICE agents than you’ve ever seen” to New York City.
In June, Governor Hochul and State Attorney General Letitia James sued the Trump administration to protect the package of laws, which also included measures to prohibit federal immigration agents from entering non-public areas of child care facilities, hospitals, schools, health care facilities, libraries, and shelters without a warrant, and codified the right to a free public education regardless of immigration status.
“States like New York can and must be a guardrail and national leader against ICE overreach,” the governor said, “and I’m proud to enact these strong, common-sense protections for New Yorkers.”
The federal Department of Justice quickly responded with its lawsuit against the state, the governor, Ms. James, and the assistant attorney general in charge of the Buffalo regional office, challenging the ban on wearing masks and the requiring of identification. The Justice Department called the state law “an illegal attempt to regulate the federal government” that “threatens the safety of federal officers who have faced an unprecedented wave of harassment, doxing, and even violence.”
Judge D’Agostino sided with the Justice Department in Monday’s ruling, but did uphold a state law banning state and local governments, police, and corrections officers from cooperating with the federal Department of Homeland Security through 287(g) agreements, a partnership between ICE and local law enforcement allowing designated officers to perform immigration enforcement functions. The state, the judge ruled, has the authority to regulate its police agencies.
The East Hampton Village and Town Boards voted earlier this year to prohibit 287(g) agreements in their respective municipalities, prompting repeated pledges by Representative Nick LaLota of New York’s First Congressional District, an early and consistent supporter of the Trump administration, to cut them off from federal community project funding. The congressman continues to tout his conditioning of support for federal earmarks on rejecting what he calls “sanctuary policies,” writing on social media on Tuesday that “all signs suggest the Town of Southold is poised to reject the Mamdani-Hochul sanctuary policies recently adopted in East Hampton,” linking the governor to New York City Mayor Zohran Mamdani.
In response to Judge D’Agostino’s ruling, the governor and the attorney general issued a joint statement on Monday. “As we have said from the start, New York’s ban on 287(g) agreements is legal and will keep our communities safe,” they said. “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.”
“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,” the statement continues, “and our offices are reviewing all legal options at this time.”
