Judge blocks Philadelphia from enforcing mask ban against federal law enforcement officers

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A federal judge on Thursday temporarily blocked Philadelphia from enforcing a ban on federal officers wearing masks while on duty, among other regulations.

The Department of Justice (DOJ) sued the city in mid-June, arguing the ordinance was a “blatantly unconstitutional” attempt to regulate the conduct of federal agents and would “endanger officers and reduce operational effectiveness.”

Judge Chad Kenney sided with the DOJ on Thursday, finding that it was likely to succeed in its challenge. He barred Philadelphia from implementing or enforcing the law against federal agencies and officers while legal proceedings play out.

“When the Philadelphia City Council voted to pass Bill No. 260060 … it attempted to sidestep the Constitution’s clear mandate and disregarded this fundamental principle of law that has informed American jurisprudence for over 200 years,” Kenny wrote in the 30-page order, referring to the Constitution’s Supremacy Clause.

The DOJ did not immediately respond to The Hill’s request for comment.

At issue is a law passed by the city council in late April that prohibits local, state and federal law enforcement officers from wearing masks and face coverings or intentionally concealing their badges, with limited exceptions. It also bans the use of unmarked vehicles and requires officers to clearly identify themselves during public interactions.

The provision was part of a larger “ICE Out” legislative package introduced in late January that sought to rein in the conduct of federal officers, including Immigration and Customs Enforcement (ICE) officers, participating in President Trump’s immigration crackdown.

Philadelphia Mayor Cherelle Parker (D) declined to sign the bill, citing advice from the city solicitor’s office that it presented “significant legal problems.”

Kenney, a Trump appointee, wrote that Parker “acted with civic wisdom and courage to stand up for the Constitution and follow the rule of law where it led,” in opting not to sign the legislation.

Because the mayor did not veto it, however, the bill became law in early May in the absence of her signature. It was set to go into effect Tuesday and is now halted due to the court ruling.

The city of Philadelphia did not immediately respond to The Hill’s request for comment.

The decision is another win for the Trump administration’s efforts to challenge laws passed in Democratic-led states and cities that ban immigration officers from wearing masks while performing official duties.

“Today, the court blocked Philadelphia’s unlawful attempt to regulate federal law enforcement,” a DOJ spokesperson told The Hill in a statement. “The Department of Justice will keep fighting jurisdictions that try to obstruct President Trump’s immigration enforcement with policies that endanger agents and public safety.”

A similar state law in Virginia was also temporarily blocked by a federal judge this week, just hours before it was set to go into effect.

Updated at 2:58 p.m. EDT

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