Federal judge halts Philadelphia ban on ICE agents wearing masks or concealing badges News
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Federal judge halts Philadelphia ban on ICE agents wearing masks or concealing badges

A US federal judge on Thursday prevented Philadelphia’s “ICE OUT” mandate from taking effect, holding that the law requiring Immigration and Customs Enforcement (ICE) agents to remove masks and display badges sidesteps the Constitution’s “clear mandate” that localities do to interfere with federal law enforcement.

In a lawsuit by the Department of Justice (DOJ) disputing the legality of the order, Trump-appointed Judge Chad Kenney’s ruling temporarily blocks the enforcement of the bill, which was set to go into effect on Tuesday, while the suit is pending. Kenney cited the Supremacy Clause in his order, emphasizing that no state has the power to impede upon, burden, or change the directives of federal agents operating according to constitutional laws enacted by Congress.

The contested Bill No. 260060 is part of a seven-bill legislative package introduced in January of this year to counteract “violent” federal immigration enforcement operations, protect civil rights, and strengthen Philadelphia’s “Welcoming City” policies.

The legislation aims to restrict the city’s cooperation with ICE agents by preventing city officials from sharing residents’ personal data, prohibiting discrimination based on immigration status, and barring agents from using city-owned spaces. The contested portion of the package requires all ICE agents to remain maskless, use marked vehicles, and identify themselves upon request.

Philadelphia Mayor Cherelle Parker signed six of the seven bills into law, but declined to sign Bill 260060, citing an advisory letter from City Solicitor Renee Garcia that expressed concerns over the legality of the bill, particularly on the city’s ability to regulate the conduct of federal agents when carrying out their duties under federal law. Despite her hesitation to sign, she did not veto the bill, instead allowing it to become law without her signature.

On June 18, the DOJ sued the City of Philadelphia, as well as Parker’s administration, seeking a preliminary injunction. The complaint alleged that the mandate violated provisions of the Constitution by imposing criminal and civil penalties on federal officers for complying with the federal laws that govern their official duties.

In his order granting the preliminary injunction, Kenney praised Parker for acting with the “civic wisdom and courage to stand up for the Constitution and follow the rule of law to where it led,” despite the fact that her personal inclination may have been to do the contrary.

Co-sponsor of the bill and Minority City Council Leader Kendra Brooks stated in a social media post that the ruling was a “bad decision,” and would not stop her work to abolish ICE’s presence in the city.

Philadelphia is not the only city attempting to introduce anti-ICE legislation, as many major cities are attempting to establish themselves as “ICE-Free Zones.” Federal judges have blocked similar mask-prevention legislation in California and Virginia, and the DOJ is awaiting a verdict in its suit against New Jersey.

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