Mask off: New York bill would charge ICE agents who hide their faces

ALBANY, N.Y. (NEXSTAR) — Some New York lawmakers are pushing a new bill aimed at stopping federal agents—including those from Immigration and Customs Enforcement—from wearing masks and hiding their identities while on duty. Assemblymember Tony Simone introduced the Mandating End of Lawless Tactics Act alongside New York City Comptroller Brad Lander on Wednesday, citing concerns about accountability and fear in communities.

The proposed MELT Act would require law enforcement agents to be clearly identifiable. The bill would make officers and agents at all levels uncover their faces and display a name, badge number, or other visible marker on their uniforms while at work within state borders. An officer who violates the act could be charged with a misdemeanor.

The bill carves out exemptions for medical-grade masks that block airborne disease or biological or chemical agents, masks for fire and smoke protection, masks for water rescues, and masks for cold during a declared weather emergency. It also lets SWAT team officers use defensive gear that covers their faces.

Articulating a need for transparency, proponents said the proposal would rebuild trust between communities and law enforcement. The push follows the passage of OBBBA, the federal budget reconciliation bill allocating $45 billion for immigration detention centers and about $30 billion more to hire new ICE personnel and maintain facilities. Backers of the MELT Act have characterized that OBBBA bill as ammunition for a police state.

But the MELT Act drew swift rebuke for allegedly endangering law enforcement. The National Republican Congressional Committee, a national group working to elect Republicans to the U.S. House of Representatives, criticized the proposed ban. Maureen O'Toole, Eastern Regional Press Secretary for the NRCC, called a mask ban a "dangerous attack" on ICE agents.

She questioned the assertion that ICE agents wear masks "for the purpose of striking fear into asylum seekers and immigrants." And she decried Democratic congressmembers who voted against billions in OBBBA funding for border enforcement and ICE agents "who put their lives on the line every single day to keep New Yorkers safe." According to O'Toole, Democrats are risking the lives of American citizens by not supporting federal immigration enforcement. "It's disgraceful and dangerous," she said.

Lander—the outgoing comptroller and former candidate for NYC mayor who was arrested outside immigration court by masked federal officers in June—spoke about the importance of the rule of law. He said that order in society depends on clear rules, visible enforcers, and accountability, and argued that masked police "strike fear" into the hearts of asylees and immigrants. He also suggested they mask up to "prosecute a culture war" held over from COVID.

Simone, a Democrat, said that masked ICE agents sometimes target legal residents and citizens while going after families and separating children from their parents. He also expressed confidence that New York State has the jurisdiction to enforce the MELT Act, though he acknowledged that the courts might have to decide. The Manhattan representative connected the issue to the economy, damaging farms and hotels where immigrants play an essential role as part of the "American fabric."

The bill is not yet numbered at the Capitol, according to Simone's communications director. There is also no State Senate version of the bill so far, though discussions are active with Simone's Democratic colleagues in the other chamber.

Calling the current federal actions lawless and ahistorical, Assemblymember Jo Anne Simon agreed that agents are snatching up legal residents. She suggested that the intense immigration enforcement stems from fascism and white supremacy.

Simon also suggested that the legislature could return before the next legislative session starts in January for a special session to address OBBBA cuts to healthcare, education, and housing. She pointed out that the MELT Act has support in both legislative chambers.

In a written statement, Assemblymember Dana Levenberg also drew attention to a "spike in crimes being committed by individuals impersonating ICE now that it has become commonplace for them to mask." And Manhattan Borough President Mark Levine, the Democratic nominee for City Comptroller, said immigration enforcement represents creeping authoritarianism by undermining civil liberties, due process, and the right to legal counsel.

Assemblymember Grace Lee said ICE is deploying a "strategy of fear and intimidation" by hiding their identities while displaying weapons. Congressmember Nydia Velázquez has introduced a similar "No Masks for ICE Act" at the federal level. Other supporters include Congressmember Jerrold Nadler and Assemblymembers Micah Lasher and Sarahana Shrestha.

Back in June, Andrew Cuomo—former governor and current candidate for NYC mayor—demanded the unmasking of ICE agents, saying they "should not be allowed to hide behind anonymity" and "must be required to identify themselves." At the time, he called Lander's detainment a "demonstration of the flagrant abuse of power."