Can ICE agents hide their identity? The legality and why so many ICE agents are wearing masks during raids and arrests

The raids and arrests of undocumented immigrants, with and without criminal records, continue across the US. Witnesses are calling attention to the practice among ICE agents of covering their faces during these arrests. But, is this legal?

The practice is discouraged under the law

Law enforcement experts told CNN that there is no federal policy outlining when officers can or cannot wear face coverings while making arrests. However, the officers’ actions have prompted speculation about why they conceal their identities when making arrests under the law.

A pair of Virginia senators questioned immigration authorities on the matter. They asked ICE to comply with Department of Homeland Security (DHS) regulations, which, according to the letter sent to the agency by the legislators, require law enforcement to properly identify themselves and limit the use of masks during official operations.

“Across the country and in Virginia, masked ICE officers and agents without clearly visible identification as law enforcement have been arresting individuals on the streets and in sensitive locations, such as courthouses,” wrote the Senators in their letter addressed to the Department of Homeland Security, which oversees ICE.

“Such actions put everyone at risk – the targeted individuals, the ICE officers and agents, and bystanders who may misunderstand what is happening and may attempt to intervene."

Why do ICE agents hide their identities?

Immigration and Customs Enforcement (ICE) officials have supported the officers and justified their concealment of identity. During a press conference in Boston, Todd Lyons, acting director of ICE, explained why officers wear masks or face coverings.

“I’m sorry that people are offended by the use of masks, but I’m not going to let my officers and agents go out and risk their lives and their families because people don’t like immigration enforcement,” he said.

The official said some officers have been victims of “doxing,” which is when an individual’s personal information is intentionally and publicly revealed. “There are people out there taking pictures of their names and faces and posting them online with death threats to their families and themselves,” Lyons added.

In the letter to DHS, Senators Mark R. Warner and Tim Kaine requested that DHS and ICE “provide policies, guidance, memos, legal advice, and training materials” that explain when and how to wear face coverings, corporate attire, or disclose identity during immigration enforcement operations.

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