New York and Justice Department Sue Each Other Over ICE Mask Ban

The U.S. Justice Department sued New York State on Tuesday over a package of recently enacted immigration-enforcement regulations, even as Gov. Kathy Hochul and Attorney General Letitia James filed their own lawsuit against the Trump administration to defend the same laws.

The federal complaint, filed in the Western District of New York, challenges two state measures passed as part of the state budget: a prohibition on federal officers wearing masks or concealing their identities while on duty, and an end to agreements allowing local municipalities to use resources to assist in federal immigration enforcement.

The suit names Hochul, James and Michael Russo, the assistant attorney general in charge of the Buffalo Regional Office, as defendants. The Justice Department argued that states lack authority to regulate federal operations and that the laws endanger law enforcement officers. "Governor Hochul cannot tell Federal officers how to do their job," Associate Attorney General Stanley Woodward said in a statement. "And she certainly cannot prohibit them from ensuring their own safety in conducting Federal law enforcement operations."

Hochul and James, in their separate suit filed in the U.S. District Court for the Northern District of New York, asked courts to block the Justice Department action. They argued the federal suit violates the Tenth Amendment and the state's authority to enact public-safety laws. The face-covering law is scheduled to take effect Friday. "By hiding their faces and refusing to wear identification, federal immigration officers endanger New Yorkers and intentionally evade accountability," James said. Hochul said in a statement that New Yorkers "deserve to know who is enforcing the law in their communities" and that the state's laws "reflect New York's values."