By Solange Reyner | Friday, 29 May 2026 12:32 PM EDT
The Department of Homeland Security has instructed federal immigration officers that they are not required to comply with state and local laws restricting the use of face masks while carrying out their official duties, according to an internal agency memo
reviewed by The New York Times.
The May 15 memo from the department's general counsel was issued amid growing disputes between federal immigration authorities and Democrat-led states over enforcement operations and the conduct of federal agents.
According to the memo, federal officers are "not legally required to comply with state and local mask prohibitions while carrying out their official duties."
It further advised agents to "freely perform their authorized duties without concern for state interference or fear of prosecution."
The guidance comes more than a week after New York state lawmakers approved a wide-ranging public protection and government operations bill that includes immigration-related measures limiting cooperation with federal immigration enforcement and expanding protections for immigrants and undocumented students.
The legislation, passed as part of the state budget process for the 2026-27 fiscal year, would restrict actions that state and municipal employees can take in connection with federal immigration enforcement, create new protections for schools and sensitive locations and establish a new immigrant trust office within the state attorney general's office.
DHS has argued that federal law generally preempts state and local regulations that interfere with the execution of federal duties.
The memo reinforces that position by assuring officers that they can continue wearing masks during enforcement operations regardless of state or local requirements.
The issue has drawn heightened attention as Immigration and Customs Enforcement officers have conducted enforcement actions in major cities, often while wearing tactical gear and face coverings.
Immigration advocates and some elected officials have criticized the practice, saying it makes it difficult for the public to identify officers and distinguish them from private individuals.
Federal officials have defended the use of masks, citing safety concerns and a rise in threats directed at immigration officers.
Jen Goodman, a spokeswoman for New York Gov. Kathy Hochul, told the Times that any "ICE agent who comes to New York and violates our laws will be held accountable."
