Philadelphia can’t ban ICE agents from masking, federal judge rules

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Philadelphia can’t ban U.S. Immigration and Customs Enforcement agents from masking and otherwise concealing their identities, a federal judge ruled Thursday.

In April, Philadelphia City Council passed a bill in its ICE Out legislative package prohibiting federal agents from wearing masks or using unmarked vehicles. The law also requires agents to display their badges.

That legislation “attempted to sidestep the Constitution’s clear mandate” prohibiting states from interfering with how federal agencies enact laws, wrote Chad F. Kenney, who was appointed judge in the Eastern District Court of Pennsylvania by President Donald Trump.

Philadelphia Mayor Cherelle Parker, who let the bill become law without her signature, “acted with civic wisdom and courage to stand up for the Constitution and follow the rule of law to where it led,” Kenney wrote.

The Parker administration did not immediately respond to a request for comment.

Philadelphia City Councilmember Kendra Brooks, who co-sponsored the legislation, said in a statement on X that the ruling was a “bad decision.”

“Cases across the country are still making their way through the courts as cities and states assert their right to keep residents safe from masked agents who hide their identity,” she said. “It’s unfortunate the Parker administration’s own doubts were used against the bill in this injunction.”

Brooks added that she is focused on implementing the other six bills in the legislative package that will take effect July 7.

“It makes no sense why federal employees can’t be held to the same standards that our local police follow,” said Councilmember Rue Landau, who also co-sponsored the legislation, in a statement.

“This bill is just one way to protect our residents who are terrified of being disappeared by a bigoted, tyrannical regime,” she said.

A spokesperson for the U.S. Department of Homeland Security did not immediately respond to a request for comment.

The order prevents Philadelphia from enforcing the law pending the outcome of the Trump administration’s lawsuit against the city.

The U.S. 9th Circuit Court of Appeals blocked similar legislation passed in California that banned ICE agents from wearing masks. The Trump administration is also suing New Jersey over a law that would limit law enforcement agents’ ability to wear masks while on the job.