US Attorneys General Urge Congress to Prohibit ICE Agents From Wearing Masks

NEW YORK, New York – New York Attorney General Letitia James on Tuesday led a coalition of 20 other attorneys general in urging the United States Congress to pass legislation prohibiting Immigration and Customs Enforcement (ICE) agents from wearing masks that conceal their identities and requiring them to clearly identify themselves and their agency during civil enforcement actions against Caribbean and other immigrants.

poloicelIn a letter sent to all members of Congress, James and the coalition warn that, by the increasingly routine use of masks, ICE agents threaten public safety, evade accountability, and instill fear in Caribbean and other immigrant communities across the country.

“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,” said James. “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,” she added. 

James and the coalition detailed a pattern of ICE agents conducting arrests without identifying themselves, often wearing masks and plainclothes while operating unmarked vehicles. 

These actions, the attorneys general argue, “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.”

The attorneys general also express their concern over escalating incidents involving ICE detaining individuals on streets, and at homes, workplaces and courthouses.

They say federal law already requires ICE agents to identify themselves at the time of arrest “as soon as it is practical and safe to do so.” 

The attorneys general argue that current ICE practices flout those standards, which is why they are demanding that Congress codify clear requirements to prevent further harm. 

The attorneys general note that certain protective measures may be appropriate in limited cases, but they emphasize that the use of masks and anonymity should not be standard practice in federal civil immigration enforcement. 

In their letter, the attorneys general cite the significant safety risks not only to the individuals being apprehended, but also to the ICE agents themselves and to members of the public who may feel compelled to intervene in what they believe is an abduction. 

The coalition also notes that impersonation of immigration officers is on the rise, “enabled by ICE’s lack of transparency.” 

James and the coalition are urging Congress to pass legislation that ensures accountability and transparency for all ICE agents. 

The attorneys general cite proposed legislation including the “No Secret Police Act,” the “No Anonymity in Immigration Enforcement Act,’’ and the “ICE Badge Visibility Act” in the House, as well as the “Visible Identification Standards for Immigration-Based Law Enforcement (VISIBLE) Act” in the Senate as examples.