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N.Y. Law Barring ICE Agents From Wearing Masks Is Blocked by Judge

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New York’s law prohibiting federal immigration agents from wearing masks and requiring them to display identification was blocked on Monday after a federal judge issued a preliminary injunction halting the ban.

The Department of Justice has vehemently opposed New York’s efforts to rein in ICE operations, saying they represent an illegal push to regulate the federal government. In June, the Trump administration sued to block the mandates.

Judge Mae D’Agostino of the Northern District of New York partially granted the Justice Department’s request for a preliminary injunction, saying she expected the federal government to succeed at trial with its argument that the state’s “face covering and identification acts directly regulate federal officers in violation of the Supremacy Clause.”

Judge D’Agostino wrote that New York officials “may be correct that federal immigration officers wearing masks and not displaying viable identification creates certain dangerous situations that the face covering and identification acts remedy.” But she added that “settled law establishes that federal, not state, authorities make the policies that animate the enforcement of federal immigration laws.”

The decision comes less than a month before the state’s broader ban on formal collaboration between local law enforcement and immigration agents goes into effect on Aug. 25. In her ruling, Judge D’Agostino allowed that measure to proceed.

The ruling is nonetheless a victory for the Trump administration, which has argued that ICE agents need to wear masks to protect them from harassment. The administration previously succeeded in having a similar law struck down in California, after a judge said that the legislation had improperly discriminated against federal officials.

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