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Federal Judge Blocks New York Mask Rule for ICE While Upholding 287(g) Ban

The ruling limits state control over federal agents under the Supremacy Clause, preserving New York's ban on local 287(g) ICE partnerships.

Overview

  • U.S. District Judge Mae D’Agostino issued a preliminary injunction that bars New York from enforcing its law that would have forced federal immigration agents to remove face coverings and show ID, finding the federal government is likely to prevail on Supremacy Clause grounds.
  • The same 51-page order left intact New York’s separate law that prohibits 287(g) agreements, which allow local police to carry out certain immigration-enforcement functions in cooperation with ICE.
  • The Department of Justice argued the change on federal agents was an unconstitutional regulation of federal operations and won the mask/ID issue in court, while New York defended the measures as public-safety and accountability rules directed at ICE tactics.
  • New York officials, including Gov. Kathy Hochul and Attorney General Letitia James, said they will review appeals and other options after the decision, and some county leaders have already refused state orders to cancel existing 287(g) pacts.
  • Monday's split ruling could shape later litigation nationwide because other federal courts have struck down similar local mask rules, and the case highlights a wider tug-of-war over how far states can constrain federal immigration enforcement and how that affects immigrant communities and local policing.