A bill to ban federal immigration agents from wearing masks while making arrests is set to be introduced in the House of Representatives by two New York Democrats, amNewYork has learned.
Reps. Dan Goldman (NY-10) and Adriano Espaillat (NY-13) plan to formally introduce the “No Secret Police Act” in the House on Thursday morning. The bill would prohibit Immigration and Customs Enforcement and other Department of Homeland Security officers from concealing their faces during civil immigration enforcement and would require them to clearly display official identification and insignia.
The legislation comes amid a string of ICE detentions at immigration courts in New York and across the country, where masked, plainclothes agents have taken individuals attending immigration appointments into custody.
The NY lawmakers said the new bill aims to increase transparency and curb what they describe as intimidation tactics used against immigrant communities.
ICE has maintained that agents wear masks to protect themselves and their families, but Goldman, who represents parts of Manhattan and Brooklyn, contends that as a former federal prosecutor who has worked alongside ICE and DHS agents to apprehend criminals, “none of them ever wore masks.”
“This isn’t about protecting law enforcement, it’s about terrorizing immigrant communities,” Rep. Goldman said. “The United States is not a dictatorship, and I’m proud to introduce this commonsense legislation ensuring that our federal government’s laws are enforced by identifiable human beings, not anonymous, secret agents of the state.”
Last week, the New York City Bar Association argued that ICE agents wearing face coverings may be violating federal immigration enforcement rules. It cited Title 8 of the U.S. Code, which states that officers must identify themselves “as soon as it is practical and safe to do so” during an arrest.
If passed, the No Secret Police Act would amend the Homeland Security Act of 2002 to prohibit DHS officers from using non-tactical, homemade face coverings during enforcement operations. It would also require agents to identify their specific DHS agency, such as ICE or Customs and Border Protection, and to display clearly visible uniforms or badges.
Exceptions would be made for health or tactical reasons, such as during SWAT operations or in hazardous environments.
The bill also instructs the Secretary of Homeland Security, through the Undersecretary for Science and Technology and in coordination with other DHS components, to conduct research and development to improve the visibility of officers’ uniforms and insignia. That includes creating technologies that keep identifiers clearly visible under various conditions, including different lighting, locations and weather.
“If you uphold the peace of a democratic society, you should not be anonymous,” said Espaillat. “DHS and ICE agents wearing masks and hiding identification echoes the tactics of secret police authoritarian regimes – and deviates from the practices of local law enforcement, which contributes to confusion in communities. If you are upholding the law, you should not be anonymous, and our bill aims to safeguard from tyranny while upholding the values of our nation.”
About 35 House Democrats are expected to co-sponsor the bill, including Homeland Security Committee member Bennie Thompson of Mississippi and New York Reps. Jerrold Nadler and Tim Kennedy.
New Jersey Rep. LaMonica McIver, who on Wednesday pleaded not guilty to Trump Justice Department charges of obstructing agents at an immigration detention facility in Newark, is also listed as a co-sponsor.
Advocacy groups, including the New York Immigration Coalition and Make the Road New York, have endorsed the proposal, calling for its “swift passage.”
“ICE must answer to the people, and must identify themselves and the agencies they work for,” said Natalia Aristizabal, deputy director of Make the Road New York. “This bill would be a step toward reining in their out-of-control and rogue behavior.”
Goldman, Espaillat and Nadler were among a group of lawmakers recently denied access to the ICE facility at 26 Federal Plaza in Lower Manhattan, where immigrants have reportedly been held for several days.
They joined other members of New York’s congressional delegation last week in demanding that DHS reverse its guidance barring unannounced congressional inspections at ICE facilities, giving the agency a deadline of June 30. So far, the DHS has yet to respond to the June 20 letter accusing it of violating the 2024 appropriations law.
