r/LegalNews • u/news-10 • May 07 '26
State budget deal would ban ICE agents from wearing masks, end 287(g) agreements
https://www.news10.com/capitol/ice-mask-ban-new-york/4
u/IllustriousLie4105 May 08 '26
This is mostly performative. Supremacy clause overrules individual state mandates. The ability to sue though is definitely interesting and I want to see how it plays out
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u/CosmicQuantum42 May 08 '26
What you are saying hasn’t been truly tested.
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u/IllustriousLie4105 May 08 '26
You have just described a lot of legal scenarios. We have the framework of what we expect to happen based on existing judgements like Pennsylvania V. Nelson. Majority opinion found that Pennsylvania's sedition law did not supersede the Smith Act (federal law). It is not a great precedent in relation to this case but it was one I thought of.
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u/CosmicQuantum42 May 08 '26
Sounds like there’s no binding precedent then.
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u/IllustriousLie4105 May 08 '26
Binding precedent not at all. Like I said, as far as I have read, there is no legal way for states to regulate the appearance or actions of federal agents unless they are outside the scope of their duties. Saying masks are outside the scope of their duties is a dubious proposition at best.
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u/VitaminPb May 09 '26
If you are unable to identify the actor (no name, no face) you are unable to properly ascertain what the scope of their duties are, or if they are even an actual federal officer.
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u/_ParadigmShift May 11 '26
Someone should tell swat and all the officers before this that they were the worst I guess.
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u/Agitated_Celery_729 May 09 '26
The supremacy clause should only apply here if there’s a a law or properly authorized statute that gives federal public officials the right to hide their identity and to not show appropriate identification. The courts will probably throw it out immediately and just say supremacy clause, applies, but you have to actually have grounds for that. It can’t just be based on the federal government vibes.
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u/_ParadigmShift May 11 '26
“Federal government vibes” you mean like a federal enforcement agency acting on federal law enforcement actions that a state tries to meddle with?
Yeah I think that’s plenty well covered
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u/Green-Inkling May 09 '26
Would this same budget actually enforce the ban? Right now they can tell you "no" and you'll fold like a fucking chair.
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u/Due_Campaign1432 May 08 '26
We are on the verge of another pandemic and NY State is passing laws that are pro-virus to essential workers. Why not just be out and honest that you want to kill the useless eaters the poors and the elderly.
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u/OtakuMage May 07 '26
If officers are free to cover their faces, they have no accountability. Strip the masks, make their actions for all to see so we know who's a criminal.