Officials and Advocates Blast Judge’s Ruling Blocking ICE Mask Ban

A federal judge halted a state law banning federal immigration agents from wearing masks to conceal their identity on August 3. Now, elected officials and immigration advocates are speaking out against the block, saying that it prevents ICE agents from being held accountable.

The bill, known as the MELT Act, was passed along with the state budget in May as part of an attempt to curb ICE operations across New York. In addition to banning masks, the act would also require that officials wear agency-identifying apparel and name badges.

In June, the Department of Justice sued to block the ban before it was set to go into effect. The lawsuit called the act unconstitutional and said that masks “are a necessity in preventing agitators from identifying and tracking officers.”

In a setback to the state, Judge Mae D’Agostino of the Northern District of New York sided with the Justice Department and issued a preliminary injunction blocking the act.

In the decision, Judge D’Agostino wrote, “Defendants may be correct that federal immigration officers wearing masks and not displaying viable identification creates certain dangerous situations,” which the act would remedy.

However, she said that the authority to make policies around the enforcement of federal immigration laws belongs to the federal government, not the state.

As such, she said the act violated the Supremacy Clause and that she expects the federal government to prevail in court.

Assemblymember Tony Simone, who co-sponsored the bill for the MELT Act, teamed up with the New York Immigration Coalition, around a dozen elected officials, and other immigration advocates to condemn the preliminary injunction at Foley Square on August 4.

“Yesterday’s judicial opinion against the law is only one small step in those legal battles with the federal government,” Simone said.

Several attendees argued against the decision, saying that the reasoning for its unconstitutionality is murky.

“I, like many other people, believe that this bill will absolutely survive scrutiny on appeal once it becomes clear the regime that the courts are trying to construct,” said David Siffert, a civil rights lawyer and the Democratic nominee for Assembly District 66.

The state hasn’t made any legal moves in response to the preliminary injunction yet. A joint statement from Attorney General Letitia James and Governor Kathy Hochul said their offices “are reviewing all legal options at this time.”

The decision comes as operations are said to be ramping up across New York. ICE sightings in the city more than doubled in July compared to previous months, according to the advocacy group Hands Off NYC.

“In the United States of America, no police force should be unidentified or unaccountable with no due process,” Simone said. “They should have a name and a badge in case they break the law, which we’ve seen again and again in recent news.”

On July 30, a 72-year-old woman was pepper-sprayed in the face in Inwood by a masked federal agent, which she said was not warranted.

The Justice Department has said facial coverings are necessary to protect agents from harassment and retaliation. However, attendees of the press conference questioned the purpose the masks served.

“Why were they wearing masks?” Congressman Dan Goldman asked. “Either they’re embarrassed by what they’re doing, or they know that they’re breaking the law, and they do not want to be held accountable.”

Goldman, who represents New York’s 10th District, introduced a bill in Congress seeking a mask ban on the federal level in June 2025. However, the bill has not advanced past the introductory stage.

The Justice Department also sought a block on the Local Cops, Local Crimes Act, which prohibits ICE from deputizing local authorities to carry out federal immigration operations.

However, Judge D’Agostino denied this request. Local Cops, Local Crimes Act, another state law enacted in May 2026, is set to go into effect on August 25.

While calling the mask ban a mistake, New York Immigration Coalition President Murad Awawdeh took the time to celebrate this decision.

“That’s a massive victory,” Awawdeh said.