Justice Department Sues New York Over Federal Agent Mask Ban

The United States Department of Justice filed a lawsuit in a Buffalo federal court to block New York state laws that prohibit federal law enforcement officers, including U.S. Immigration and Customs Enforcement (ICE) agents, from wearing masks and concealing their identities while on duty. The federal government argues these restrictions violate the Supremacy Clause of the U.S. Constitution by attempting to regulate federal operations and exposing agents to doxing, harassment, and violence.

The lawsuit also challenges New York's prohibition on formal 287(g) cooperation agreements, which allow local municipalities to assist in federal immigration enforcement. Acting Attorney General Todd Blanche has directed the Department’s Civil Division to identify similar state and local policies across the country that may impede federal operations, as part of a broader administration campaign against mask bans in states such as California, New Jersey, and Virginia.

Governor Kathy Hochul and Attorney General Letitia James responded by countersuing the federal government to ensure the laws take effect this summer. New York officials contend that federal officers must be identifiable to ensure accountability and maintain public trust, asserting that the federal lawsuit violates the Tenth Amendment. Meanwhile, federal border czar Tom Homan has threatened to surge ICE agents into the state due to the lack of local cooperation, although some New York counties have indicated they intend to maintain their federal agreements.