New York state leaders have instituted changes to immigration laws in an effort to hold federal agents accountable for their deportation tactics. This move has set up a clash with the federal government.
New legislation, recently passed by New York lawmakers, restricts federal immigration agents from wearing masks. This follows an incident last year where agents donned masks at a staging area in Lower Manhattan.
A week after Governor Kathy Hochul announced these new restrictions, which include a mask ban, the Department of Homeland Security indicated its readiness to challenge the state.
An internal memo from the department’s general counsel, dated May 15, was reviewed by The New York Times. It assured agents they are “not legally required to comply with state and local mask prohibitions while carrying out their official duties.” The memo encouraged officers to perform their duties without fearing state interference or prosecution.
This guidance suggests the federal agency does not intend to cooperate with legislative efforts across the country aimed at limiting immigration enforcement. These initiatives gained momentum after two Americans were killed by immigration officers in Minneapolis.
New York’s new law not only bans masks but also allows for lawsuits against Immigration and Customs Enforcement (ICE) agents for constitutional violations. It further prohibits ICE agents from conducting searches at “sensitive locations” such as hospitals and schools without a warrant from a judge.
Jen Goodman, spokesperson for Governor Hochul, responded to the news of Homeland Security’s plan to flout the state’s mask ban. She remarked, “If you are enforcing the law, you should not be hiding from it.” She emphasized that any ICE agent violating New York’s laws will be held accountable.
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