By Mike Scarcella
July 2 (Reuters) – 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 the city cannot dictate how they conduct operations amid a national debate over masked immigration agents carrying out arrests.
U.S. District Judge Chad Kenney, at the request of U.S. President Donald Trump’s administration, issued a preliminary injunction barring Philadelphia from enforcing key provisions of the law against federal officers before they are 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.
“This type of direct regulation of the federal government by a municipality is blatantly impermissible,” wrote Kenney, a Trump appointee.
The Justice Department and Philadelphia did not immediately respond to requests for comment.
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 that have drawn criticism from local officials and immigrant rights advocates.
On Tuesday, a federal judge in Virginia blocked a new law there restricting law enforcement from wearing masks. In February, a federal judge in Los Angeles halted a California state law that bans federal officers from wearing masks while on duty. The Justice Department in April sued in federal court in New Jersey to block a similar law there.
In Philadelphia’s case, Kenney said the city likely cannot impose requirements on federal officers because 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 Trump administration contended the forced disclosure of officers’ identities could endanger agents, undermine undercover operations and interfere with investigations. Philadelphia said there were exceptions in the law that would allow officers on surveillance and undercover operations to wear masks.
(Reporting by Mike Scarcella in Washington; editing by Nate Raymond)
