A new legislative initiative aimed at increasing transparency in immigration enforcement is set to be introduced by New York Representatives Dan Goldman (NY-10) and Adriano Espaillat (NY-13). The pair will formally present the “No Secret Police Act” in the House of Representatives, which seeks to ban federal immigration agents, specifically from the Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS), from wearing masks during arrest operations. This bill comes amid increasing concern regarding the practices of masked, plainclothes agents apprehending individuals at immigration courts in New York and nationwide.
The proposed legislation aims to enhance accountability by requiring federal agents to visibly display official identification and insignia while conducting civil immigration enforcement. Rep. Goldman emphasized that his experience as a former federal prosecutor, who closely worked with ICE and DHS agents, demonstrated that anonymity in law enforcement is not necessary. He stated, “This isn’t about protecting law enforcement, it’s about terrorizing immigrant communities.”
The introduction of the No Secret Police Act follows commentary from the New York City Bar Association, which suggested that ICE agents could be violating existing immigration enforcement rules, specifically Title 8 of the U.S. Code requiring officers to identify themselves promptly during an arrest. If passed, the bill would amend the Homeland Security Act of 2002 to prohibit non-tactical, homemade face coverings during enforcement and mandate officers to clearly display their agency affiliation.
Additionally, the legislation stipulates that the Secretary of Homeland Security, in collaboration with the Undersecretary for Science and Technology and other components of DHS, will conduct research to enhance the visibility of uniforms and insignia, ensuring they are identifiable under various conditions.
Representative Espaillat added, “If you uphold the peace of a democratic society, you should not be anonymous.” He argued that the current practices, which mirror those of authoritarian regimes, contribute to confusion and fear within communities.
The proposal has garnered support from around 35 House Democrats, alongside endorsements from advocacy organizations like the New York Immigration Coalition and Make the Road New York. These groups are campaigning for the swift passage of the bill, urging that immigration enforcement must be transparent and accountable.
In a related context, Goldman, Espaillat, and other lawmakers were previously denied access to an ICE facility in Lower Manhattan, where there are reports of detainees being held for extended periods. The group has urged DHS to reverse its guidance restricting unannounced congressional inspections of ICE facilities, pointing to transparency as a pivotal aspect of immigration enforcement reform.
This legislative effort signals a growing movement in Congress to promote accountability and oversight of immigration enforcement practices, reflecting a broader commitment to safeguarding democratic principles and protecting immigrant communities.