Key facts
- A federal judge blocked Philadelphia's law banning masked federal law enforcement agents.
- The ruling came at the request of the Trump administration.
- The law, part of the 'ICE Out' package, would have imposed civil and criminal penalties.
- The judge cited the U.S. Constitution, stating municipalities cannot control federal agency operations.
- The administration argued the law endangers agents and undermines operations.
A federal judge on Thursday blocked Philadelphia from enforcing a new city law that would have prohibited federal law enforcement agents from wearing masks, ruling that the city cannot dictate how they conduct operations. U.S. District Judge Chad Kenney issued a preliminary injunction barring Philadelphia from enforcing key provisions of the law against federal officers before they were scheduled to take effect on Tuesday.
Philadelphia's mask ban was enacted earlier this year as part of a larger "ICE Out" legislative package passed by the Philadelphia City Council. It would bar officers from wearing masks or concealing identifying information, require visible badges and marked vehicles, and expose officers to civil and criminal penalties.
Kenney, a Trump appointee, wrote that "This type of direct regulation of the federal government by a municipality is blatantly impermissible." He stated that the U.S. Constitution prevents municipalities and states from controlling how federal agencies carry out their work. "Endorsing the City of Philadelphia's position would mean that each of those municipalities could decide whether to pass their own laws regulating how, when, where, and whether federal law enforcement officers can conceal their identities," he wrote.
The lawsuit is part of a growing legal fight over efforts by states and cities to restrict the use of masks by federal officers, particularly those involved in immigration enforcement operations. Similar injunctions have been issued in Virginia and California, and the Justice Department has sued to block a law in New Jersey. The Trump administration contended that the forced disclosure of officers' identities could endanger agents, undermine undercover operations, and interfere with investigations. Philadelphia argued that the law included exceptions for surveillance and undercover operations.