Bronx Lawmakers Split on ICE Mask Ban Bills

State lawmakers are pushing legislation that would limit methods used by U.S. Immigration and Customs Enforcement officers.

While Bronx elected officials are united on the cause, they differ on the approach.

On July 15, state Sen. Patricia Fahy introduced the Mandating End of Lawless Tactics (MELT) Act, which would ban ICE and other federal enforcement agents in New York from wearing masks or plainclothes.

The initiative, previously introduced by Assemblymember Tony Simone, aims to curb the Trump administration’s aggressive immigration policies.

At least 180,000 people have been deported since the start of the president’s second term — a rate likely to accelerate with $76 billion in extra funding set for ICE, according to The New York Times.

Assemblymember Jeffrey Dinowitz, who represents District 81, and State Sen. Gustavo Rivera, who represents District 33, have taken opposing stances on how to respond.

Dinowitz will not co-sponsor the MELT Act, citing his own bill under consideration — A3133 — which would create a new crime called “masked harassment.”

Masked harassment is when a person wears a face covering with the primary purpose of threatening another person’s safety.

He told The Press that the law would also apply to ICE agents, though ICE is not specifically mentioned in the bill.

“If ICE agents are willy-nilly, just rounding people up and arresting little kids, that’s menacing,” the assemblyman said. “That’s threatening.”

The bill references the Jan. 6, 2021, attack on the U.S. Capitol, as well as the Ku Klux Klan and other masked groups that rely on anonymity to carry out violence. 

Dinowitz noted A3133 would also cover masked pro-Palestinian demonstrators.

“Whether it’s an ICE agent or somebody who’s harassing people while demonstrating … I think of them as the same,” he said.

Though the MELT Act targets part of the problem, he added, “We should address the larger issue of people concealing their identities to do nefarious things.”

Dinowitz also criticized support for the MELT Act but not A3133, saying, “If you oppose my bill because you didn’t like who you thought the bill was aimed at, but then you support this bill, that kind of makes you a hypocrite.”

A3133 is currently co-sponsored by 26 other elected officials.

Rivera, on the other hand, is a co-sponsor of the MELT Act.

“The Trump administration is allowing ICE agents to anonymously kidnap our neighbors and call it law enforcement,” Rivera said in a statement to The Press.

He added the White House is undermining due process, and “we should take it as an affront and warning to all of us.”

The state senator described the methods used by federal enforcement agents, including ICE, as vigilante-style. He later went on to say the MELT Act would restore accountability and transparency in how they operate in New York.

“We will protect our communities from the clear authoritarian tactics that this administration has openly embraced,” Rivera said.

Key northwest Bronx political groups — the Ben Franklin Reform Democratic Club and the Unity Democratic Club — are not currently in session, so they have not taken official stances. But individual members shared personal views with The Press.

State Democratic Committee member Michael Heller said masked federal agents were disturbing and reminiscent of a fascist dictatorship. He believes others will support either the MELT Act or a similar bill.

“If the state legislature were to make a stand on this — that this is something that we don’t accept in [New York] — that’s a shot across the bow,” Heller said. “That’s a loud and clear message. From that point of view, it’s a very strong thing to do.”

Though citizens have little control in the committee process, he added, voicing concerns to elected officials in Albany is impactful.

Abigail Martin, leader of the 81st Assembly District, said trust between law enforcement and the communities it serves is vital. Like Heller, she likened masked ICE agents to a fascist regime.

“It creates fear and opens the door for abuse,” Martin said. “The MELT Act is a common sense safeguard that ensures every agent is identifiable and every action is carried out in the light of day … Ultimately, it’s about protecting families, restoring trust and defending democratic values that keep our neighborhood safe.”

Northwest Bronx Indivisible, one of thousands of chapters across the U.S., has taken a collective position in support of the MELT Act.

“This is clearly designed to intimidate the broader citizenry and make us mind our own business — to give up our rights as citizens,” said member Kathryn Solomon.

She explained the Constitution not only gives Congress more power than the president, but to the states, as well sometimes slowing decision-making.

It also serves as a barrier against a president centralizing power.

“We the people are the ones, ultimately, who decide who governs us,” Solomon said. “We the people have the power to object and change that, and we have to exercise it — we have a lot at stake.”