A federal judge has ruled that New York cannot ban federal agents from wearing face coverings or require that they wear visible identification. The ruling, issued Monday by U.S. District Judge Mae D’Agostino for the Northern District of New York, found that such state-imposed measures likely violate the supremacy clause of the U.S. Constitution.
The supremacy clause establishes that the Constitution and federal laws are the supreme law of the land, barring state governments from regulating federal law enforcement. D'Agostino wrote that while New York's intentions may be "well-intentioned in its pursuit of transparent policing," the issue before the court is one of constitutionality, not policy preference.
New York's law, which included the restrictions on face coverings and identification for federal agents, was part of a slate of law enforcement policies signed into law by Democratic Gov. Kathy Hochul in May. The measures took effect in June.
Following the judge's decision, Hochul and New York Attorney General Letitia James stated that they "stand firm in our belief that masked agents do not make New York safer" and that their offices are reviewing all legal options.
This decision follows a similar ruling earlier this year that blocked a comparable law in California. California enacted its ban on most law enforcement officers wearing facial coverings in September, following increased immigration arrests under the Trump administration. That ruling was anticipated to have nationwide implications for other states considering restrictions on immigration agents.