Gov. Kathy Hochul wouldn't rule out barring federal immigration agents from concealing their identities when they interact with New Yorkers as top state Democrats this week railed against officers who wear face masks or other disguises.
State officials said they're concerned about U.S. Immigration and Customs Enforcement officers breaking the law by wearing facial coverings and regular civilian clothes when making arrests. Masked ICE officers wearing plainclothes allegedly detained at least eight people in Saratoga Springs earlier this week, according to The Times Union.
"At a personal level, I find it abhorrent," Hochul told reporters Thursday at an unrelated event in Albany.
Hochul wouldn't say if she backs a new bill state lawmakers introduced this week to prohibit federal immigration officers from wearing facial coverings or disguises.
But the governor said she has a problem with ICE agents who don't clearly identify themselves, and wear masks as an intimidation tactic.
"You don’t create this climate of intimidation by donning a mask, not identifying yourself and literally terrorizing people," she said.
Sen. Pat Fahy introduced the legislation the same day that state Attorney General Letitia James called on Congress to pass legislation to institute a similar policy, and enforce the law that officers must identify themselves before an arrest.
Fahy, an Albany Democrat, said her proposal ensures immigration enforcement agents identify themselves in a non-intimidating way to improve transparency and public safety without hindering federal duties.
"This is unprecedented times, and I am really trying to call it out," the senator said Friday.
Fahy said the recent behavior of masked ICE agents in plainclothes or unmarked cars isn’t normal and President Donald Trump's recent spending package allocates $75 billion to expand detention centers and deportation efforts.
"We’re turning into an authoritarian society, and anyone who knows their history knows that we are crossing into very dangerous territory," she said.
Fahy, who sponsors the legislation with Assemblyman Tony Simone, said the policy would not override federal authority and states have the right to limit how federal agents behave. She added the state must take action — even if the law is challenged in court.
"The Fourth Amendment says any individual in this country — not legal resident, not green card holder, not citizen — it says any resident in this country has the right to due process," the senator said. "So we are violating rights by not showing a judicial warrant and often nothing is shown to those who are arrested."
AG James's office did not respond to questions about the attorney general's support for the state-level bill.
Hochul said she spoke with ICE agents after last month's arrest of New York City Comptroller Brad Lander at immigration court, and several of the immigration officers were immigrants themselves. They told her they wear masks to protect themselves and their families from doxxing or threatening behavior.
But the governor called out ICE for detaining immigrants who follow the law and attend their court hearing.
Earlier this month, state Sen. Julia Salazar was nearly arrested while escorting a migrant detained after his court date was rescheduled.
"More and more New Yorkers are being unlawfully detained or just unjustly detained," said Salazar, who chairs the Senate Crime, Victims, Crime & Correction Committee.
Salazar said the Legislature must strengthen protections for immigrants in the state as deportations increase.
Democrats clashed on immigration policies this session, leaving Albany for the year without legislation clearing both houses.
Salazar said lawmakers were hesitant to take action on the issue because House Republicans grilled Gov. Hochul about the state's immigration and sanctuary city laws in Washington days after session ended.
"I don't think that is an acceptable excuse, but I think that is the reality of what was happening this session," she added.
The senator backs banning face coverings for immigration officers and the New York For All Act, which bans local law enforcement from working with ICE.
"We should not be in the business as a state, or any of our counties in the business, of interfering in people's immigration cases that they are still fighting," Salazar said.
Assembly Republican Leader Will Barclay said he and his conference are opposed to banning federal immigration officers from wearing face masks or other clothing to conceal their identity.
"A masked killer recently shot two state legislators in Minnesota; a masked killer assassinated a health care CEO in Midtown Manhattan, but somehow, Albany Democrats are more concerned about tactics used by ICE agents arresting illegal immigrants," Barclay said in a statement to Spectrum News 1. "I supported Gov. Hochul's efforts to restore the pre-COVID mask ban and it's a shame that common-sense measure failed to make it into the final budget. This bill simply reinforces the fact that if there's a way to make the job of law enforcement more difficult, Albany Democrats will find it."