Attorneys general from 21 states are advocating for legislation barring U.S. Immigration and Customs Enforcement agents from performing duties while masked, with New York State Attorney General Letitia James leading the calls.
The coalition of attorneys general states that the use of methods to conceal ICE agents’ identities, such as wearing masks or plain clothes, is a threat to public safety, accountability and incites fear in communities. The coalition states that this is not just harmful to those being detained, but also poses safety risks to ICE agents and public witnesses who may try to intervene, thinking the detainment is an abduction and not involving law enforcement.
“It is deeply disturbing that, in the United States of America, masked agents can pull people off the streets in unmarked cars without ever identifying themselves as law enforcement,” James said. “Congress needs to act now to ensure that all law enforcement agencies, including ICE, are held to basic standards of transparency, accountability, and respect for civil rights. There is no place in this country for a secret police force operating in the shadows.”
Democratic lawmakers proposed the No Secret Police Act, the No Anonymity in Immigration Enforcement Act, and the ICE Badge Visibility Act in the House of Representatives to address the issue. In the U.S. Senate, the Visible Identification Standards for Immigration-Based Law Enforcement (VISIBLE) Act has also been proposed, but the odds are slim that these bills will pass the Republican-majority Congress. The proposals come in response to President Donald Trump ordering ICE to carry out a mass deportation of immigrants nationwide in recent months.
James is joined by 20 other attorney generals from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.
The coalition is advocating for Congress to pass legislation banning ICE agents from wearing masks to conceal their identity, sending a letter to Congress urging this on Tuesday, July 15.
“It is shocking that we have reached a point in America where such a common-sense set of measures must be enshrined into law,” the coalition’s letter to Congress states. “But in light of recent events, such legislation is necessary to protect the public, ensure accountability, and preserve the reputation and effectiveness of law enforcement at every level of government.”
James’ office stated that the masked actions of ICE “sow confusion and fear, make it difficult for witnesses or bystanders to determine whether a kidnapping is taking place, and obstruct the public’s ability to report misconduct.”
Former ICE official Scott Shuchart cautioned against these tactics, saying they could foster vigilantism. Critics also say the anonymity is fueling an increase in individuals impersonating ICE agents. The coalition is also concerned with ICE detaining individuals on the street, at their homes, in their workplaces and at courthouses.
“We have watched these detentions with alarm, as the imagery evokes comparisons to repressive tactics that have no place in a free country,” the letter states. “Immigration and Custom Enforcement (ICE) officers’ now routine practice of carrying out arrests in public spaces through masked agents who do not identify themselves as law enforcement has the effect of terrorizing communities rather than protecting them.”
Federal law requires that ICE agents identify themselves during arrests once it is deemed practical and safe. The coalition states, though, that while “certain protective measures” can be beneficial, masks and anonymity should not be the standard practice.
These methods of concealing agents’ identities have been utilized throughout the country during raids and detainments, according to reports.
On Friday, July 11, Nassau County Executive Bruce Blakeman signed an executive order permitting law enforcement agencies, including ICE, to wear masks while on duty. A supervisor is required to approve this conduct under the order.
This executive order was signed a year after the county legislature approved a bill barring mask wearing, which garnered pushback and was challenged in court. This suit was thrown out by the judge.
“What I find very troubling is the very same people who criticized our mask law are the same people who are saying law enforcement officers in the performance of their duty can’t wear a mask to protect their identity if they’re involved in a sensitive investigation…or if they’re involved in an exercise where it may be dangerous to them or their family,” Blakeman said.
