Judge Halts Philadelphia From Enforcing Mask Ban on ICE Agents

A federal judge on July 2 temporarily blocked Philadelphia from enforcing its rule that bans federal law enforcement agents from wearing masks while performing their official duties in the city.

U.S. District Judge Chad Kenney granted the federal government’s request for a preliminary injunction to prevent the city from enforcing its mask ban before the measure takes effect on July 7.

The city’s law prohibits Immigration and Customs Enforcement (ICE) agents and other law enforcement officers from concealing their identities with face masks or unmarked vehicles and requires them to display their badges when carrying out enforcement duties. Failure to comply carries “serious civil and criminal penalties,” according to court documents.

In a 30-page ruling, Kenney said the city’s law “attempted to sidestep the Constitution’s clear mandate” and that the federal government had established that it would face irreparable harm if the measure took effect.

“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, which, in turn, would quickly devolve into a ‘patchwork’ of local and ‘state laws [that] would defeat all the ends of government’ and cause serious national disruption,” he wrote.

The mask ban was among the measures included in the “ICE Out” legislative package passed by the Philadelphia City Council in April. The bill became law without Philadelphia Mayor Cherelle Parker’s signature in May.

In his ruling, Kenney said the mayor had “acted with civic wisdom and courage to stand up for the Constitution and follow the rule of law to where it led.”

The Justice Department (DOJ) welcomed the judge’s ruling and said it would continue challenging jurisdictions that seek to impede federal immigration enforcement with “policies that ​endanger agents and public safety.”

City Councilmember Kendra Brooks, who introduced the bill in January, called the ruling “a bad decision” in a statement posted on X and said she would focus on ensuring the enforcement of the other measures in the legislative package.

“There will be more litigation. Cases across the country are still making their way through the courts as cities and states assert their right to keep residents safe from masked agents who hide their identity,” Brooks said in the statement. “It’s unfortunate the Parker administration’s own doubts were used against the bill in this injunction.”

The DOJ filed the lawsuit against Philadelphia in June, arguing that the city’s mask ban was unconstitutional and endangered federal officers who have faced “an unprecedent[ed] wave of harassment, doxing, and even violence” amid immigration enforcement actions.

In another case, a federal judge on June 30 blocked Virginia’s law that prohibited federal immigration agents from wearing masks, finding that the rule likely violated the U.S. Constitution’s supremacy clause.

Reuters contributed to this report.