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NY bill would ban ICE and other officers from wearing masks. Here’s what to know.
By
Arya Sundaram
Published Jul 21, 2025
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Screenshot of video courtesy of the NYC Comptroller's Office.
By
Arya Sundaram
Published Jul 21, 2025
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New York lawmakers are pushing for a bill that would ban law enforcement officers — including federal U.S. Immigration and Customs Enforcement agents — from wearing masks.
An increase in arrests by masked ICE agents has spurred fear among local immigrant communities. Lawmakers say a ban on masks would make ICE and other officers more accountable since their actions could be captured in photographs and on video. They say the measure is especially important as ICE arrests are likely to increase following the passage of President Donald Trump’s signature domestic policy bill, which allocates $170 billion for the administration’s immigration crackdown and will transform ICE into the country's largest law enforcement agency.
"It's a stock measure on a rise of autocracy," state Assemblymember Tony Simone, the bill’s sponsor and a Manhattan Democrat, said at a recent press conference. "You should be accountable as a law enforcement officer."
Critics of the measure say masks allow law enforcement officers to protect their personal safety at a time when assaults against ICE officers are on the rise.
Masking has been a controversial topic in recent months, with some state lawmakers pushing to ban members of the public from wearing masks in some circumstances. This year, New York added a new charge for people who wear a mask while committing certain crimes, following concerns about some protesters wearing masks.
State Sen. Patricia Fahy, an upstate Democrat, is co-sponsoring the bill. Simone said he was confident it will pass the Legislature.
He introduced the measure just days before Nassau County Executive Bruce Blakeman, a Republican and Trump ally, announced he would allow police to wear masks while helping federal authorities detain immigrants. Blakeman signed an executive order to that end, carving out an exception to the county’s broader mask ban.
Here’s what you need to know about the bill, called the Mandating End of Lawless Tactics — or MELT — Act.
What would a state law enforcement mask ban do?
The bill broadly bans state, local and federal law enforcement officers from using masks or disguises and requires them to display their name or badge number on their uniform. Violators could be charged with a misdemeanor.
There are exceptions for the use of masks for medical purposes like preventing airborne disease transmission, as well as protective gear for water rescues, fires, chemical exposure, cold weather, and SWAT teams.
ICE says efforts to unmask ICE agents has jeopardized agents’ safety
U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin said in a statement the agency's officers are under attack.
“Our agents are being assaulted by rioters with rocks and Molotov cocktails thrown at them and shot at, these sanctuary politicians must tone down their rhetoric," she said. "This despicable rhetoric about our brave law enforcement has contributed to an 830% increase in assaults against them.”
She took issue with the term “secret police,” which some of the bill's supporters have used to describe masked ICE agents. Secret police are law enforcement operating largely in secret and for a government's political purposes. Historically, the term was used to describe the Nazi Gestapo and the Soviet NKVD.
“Our officers verbally identify themselves, wear vests that say ICE/ERO or Homeland Security, and are flanked by vehicles that also say the name of the department," McLaughlin said. "When our heroic law enforcement officers conduct operations, they clearly identify themselves as law enforcement. These arguments are getting a little desperate.”
Gothamist has observed plainclothes federal agents at immigration courthouses in New York City with masks and without other identification. Masked federal agents without ID also arrested city Comptroller Brad Lander last month as he escorted an immigrant away from his immigration court hearing.
Does New York state have the authority to regulate federal officers?
That’s a major constitutional question raised by the bill, according to Jessica Bulman-Pozen, a constitutional law professor at Columbia Law School. She said that if the measure advanced, it was likely to face a legal challenge.
She also said there's a “strong case” that the state should be able to enact the bill, if it becomes law, since it affects all law enforcement officers and doesn’t single out federal officers.
Simone said he’s been in touch with constitutional lawyers who say the bill is legally sound.
Is this controversy cropping up in other places, too?
Bills similar to Simone’s have been proposed in California and at the federal level in Congress. His bill is modeled after SB 627, a state bill in California that would likewise ban local, state and federal law enforcement from wearing masks.
“We’re seeing the rise of secret police — masked, no identifying info, even wearing army fatigues — grabbing & disappearing people. It’s antithetical to democracy & harms communities,” California state Sen. Scott Wiener, the bill’s sponsor, said in a social media post announcing the measure. “It’s antithetical to democracy & harms communities.”
The congressional legislation includes the “No Secret Police Act” introduced by Reps. Adriano Espaillat and Dan Goldman, both New York Democrats. Their bill would ban federal Homeland Security officers from wearing face coverings and require them to identify which branch of DHS they work for, such as ICE or Customs and Border Protection. It would also require officers to wear official insignia or uniforms.
The “No Secret Police Act” and similar federal measures are pending in committee.
Tagged
Politics
Race And Justice Unit
immigration
new york state
public safety
Arya Sundaram
Arya is a reporter covering race and justice. Got a tip? Email: [email protected] or reach Arya on Signal at 512-650-8767.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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