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New York City Director Brad Lander was arrested Tuesday by several masked immigrants and customs enforcement agencies in Manhattan courtrooms for attempting to pilot past immigration authorities. That same day, masked agents outside the Walmart in Pico Rivera had detained two individuals. One is a target for immigration enforcement, and the other is a US citizen who attempted to intervene.
These two scenes from the other side of the country show what has become a more common problem. On Thursday, the masked individual was said to be part of the Department of Homeland Security, which has descended to Hollywood’s Home Depot and Dodger Stadium.
Masking is not a good law enforcement practice. It could contradict homeland security regulations and at the same time, it could potentially violate constitutional and civil rights by some officers. It undermines the authority of agents and puts public safety at risk.
The federal government has no specific policy to prohibit immigration agents from wearing masks. However, the fact that such practices are not illegal is not acceptable. The Department of Homeland Security regulations require immigration officers to identify themselves during an arrest or provide a statement explaining how they identified themselves in the case of an unguaranteed arrest. The use of masks appears to violate the intent of these directives for identification.
Mask ice agents are becoming more and more unsettlingly routine. Just as enforcement measures have been taken in Minneapolis, Boston, Phoenix and the nation, there have been ice agents on masks at the Los Angeles immigration protests recently. In March, a video of Rumeysa Ozturk, a doctoral student at Tufts University, was being held custody by a masked officer on the street.
There appears to be no uniform wear for face covering immigrant agents, including ski masks, surgical masks, balaclava and sunglasses. Such contradictions in the entire federal workforce fly in the face of sound policing. Masked Agents can confuse both bystanders and ice targets. This risks obstructing enforcement actions that appear to be an addict. International assn. The police chief warns that the public may be “fearing blackmailed or fearing that officers are covering their faces, but it could increase a defensive response.”
Ice’s acting director Todd Lyons said earlier this month that immigration agents will wear masks to protect themselves. “If you’re angry at people wearing masks, I’m sorry,” he said.
But there is exactly the assumption of risk in law enforcement work. Consider that the overwhelming majority of police officers, sheriffs and FBI agents are doing their duties without hiding their faces. The amendment officers dealing with prisoners don’t wear masks, and there are no judges who govern our laws. These civil servants have such incredible power, and their roles require complete transparency.
What’s more, ice agents are increasingly targeting non-criminals, reducing the argument that agents need masks for safety. According to the Research Site Transactional Records Access Clearinghouse, approximately 44% of people in ice detention as of June 1st have no criminal history.
An ice agent can have unintended consequences when wearing a mask. Recently, there has been a surge in people who are spoofing agents, harassing, assaulting and violence. In April, a Florida woman posed as an ice agent and wore a mask, trying to lure out her ex-boyfriend’s wife.
Ironically, the Trump administration has a double standard centered around the ideas of people wearing masks. It requires university students to wear masks during protests. In the aftermath of the Los Angeles immigration protest, the president posted on social media, “From now on, we will not be allowed to wear masks in protest.” Shouldn’t that principle be applied to both sides?
Certainly, it makes sense for immigration agents to use face coverings when arresting high-profile targets or conducting undercover investigations. However, masking is the exception and not the norm. If ICE agents are doing their duties anonymously, they open the door to potential civil rights and due process violations. This practice gives agents immunity to make illegal arrests without the possibility of public accountability.
Masking could also be seen as a show of intimidation by immigration agents, whether their targets are undocumented immigrants or American citizens, such as Newark Mayor Rasbaraka, who was arrested outside a New Jersey detention facility in May. Masked Ice Agent gives the impression that it is a secret police officer that is not good for our democracy.
Last week, two California Democrats introduced a bill (with certain exceptions) that would ban local, state and federal law enforcement officials from wearing masks while they are in work. This is a step in the right direction, but it remains unclear whether such state measures can be applied to federal agents. Congress should ban the use of masks by immigration agents.
Ice officers should not be allowed to hide their faces. The public’s need for accountability strongly outweighs the rationale for agent anonymity.
Raul A. Reyes is an immigration lawyer and a contributor to the opinions of NBC Latino and CNN. X: @raulareyes; Instagram: @raulareyes1
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