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Federal Court Ruling to Permit ICE Agents’ Use of Masks in New York

A previous New York ban on 287(g) agreements, which prohibited New York ICE agents and law enforcement officers from wearing masks in public, was blocked on Monday
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ICE worksite enforcement in Canton, Mississippi

U.S. District Judge Mae D’Agostino has issued a preliminary injunction that said state officials cannot interfere with law enforcement and immigration officers who wear face coverings on duty, as reported by the Gothamist and The New York Times.

The decision comes after President Trump sued New York state’s previous efforts to ban mask usage in June. The ruling will disallow police to arrest ICE agents for covering their face.

While intending to follow the court order, New York Attorney General Letitia James and Gov. Kathy Hochul expressed disapproval of the federal decision. “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,” they said in a joint statement on Monday, adding that their offices will continue to review legal options moving forward. 

The decision also follows an influx of ICE agents spotted throughout New York City last week, including in Bushwick, as reported by AMNY. 

The New York Immigration Coalition, an organization representing hundreds of immigrant rights groups in New York, issued a statement saying that the decision puts New Yorkers at risk. Street in the greater New York City area had grown by over 200 % in the first year of the Trump administration, as compared to the last six months of the Biden administration, according to Documented. 

“Federal agents wearing masks creates a dangerous environment where officers can operate with impunity and without transparency,” said Murad Awawdeh, President and CEO of NYIC. 

The court ruling mirrors those of federal courts in California, Virginia and Pennsylvania, which also disallowed local interference with face coverings.

Despite blocking the law prohibiting face coverage, Judge D’Agostino decided to allow New York state’s larger ban on formal collaboration between local law enforcement and immigration officers to continue. The ban will take effect on Aug. 25.

 




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