AG Ford: Masking of ICE agents undermines government transparency

Nevada Attorney General Aaron Ford attends a renaming celebration event at Nevada State University in Henderson Wednesday, Aug. 30, 2023. The university was formally known as Nevada State College. Photo by: Wade Vandervort

Nevada Attorney General Aaron Ford met with the Department of Homeland Security’s local investigative arm today to express concerns about unidentified federal immigration agents wearing masks during enforcement, his office said in statement.

Ford said the conversation with Lester Hayes, special agent in charge for Homeland Security Investigations in Las Vegas, on the policy was “productive,” but didn’t say whether it led to any changes.

“I also expressed my view that masking should be limited to very special circumstances, because it undermines the (important) principles of transparent governance that Americans expect,” Ford wrote in the release.

Ford today also joined a coalition of 19 other attorneys general urging Congress to pass legislation largely prohibiting federal agents, such as those with Immigration and Customs Enforcement (ICE), from wearing masks and forcing them to show identification.

The group of attorneys general noted that the practice has become widespread, writing in their letter to each member of Congress that it evokes “comparisons to repressive tactics that have no place in a free country.”

“The confusion generated by masked, plainclothes agents makes it difficult or impossible for individuals to know whether they are being legally detained,” they wrote. “Without proper identification as law enforcement, witnesses to these arrests could reasonably believe a kidnapping is underway.”

Reports of people impersonating ICE agents have sprouted up since President Donald Trump took office in January. In one case from earlier this year, a man allegedly said he was with “immigration” before attempting to rape a woman in New York, according to CBS News.

Acting ICE Director Todd Lyons has previously defended his agents using masks, saying that officers and their families have been harassed when identified. The group of AGs said that justification “ignores the severe risks posed to public safety and civil liberties.”

There are situations where masks make sense, the group wrote, but, generally, federal authorities “should not fear identifying themselves” if what they’re doing is legal.

“Congress should act immediately to end these reckless tactics and implement proper accountability to federal immigration enforcement,” Ford said.