Blakeman to allow Nassau police to wear face masks for 'specific investigations,' mirroring ICE practice

Nassau County Executive Bruce Blakeman signed an executive order Friday authorizing federal, state and local law enforcement to wear masks during investigations such as immigration enforcement and drug and gang investigations.

Blakeman said he was altering the county’s mask law, passed last August, to exempt law enforcement from the law that prohibits wearing masks except for religious or medical reasons.

He signed the order citing protesters targeting police or agents with U.S. Immigration and Customs Enforcement wearing masks, and those who have had their personal information exposed.

Masks have been in the spotlight in recent months across the country, including on Long Island and New York City, as ICE agents have carried out raids and immigration sweeps, part of President Donald Trump's mass deportation plan.

Blakeman and Nassau County Police Commissioner Patrick Ryder said patrol officers on duty will not be masked and the masks were reserved for "specific investigations." 

"What I find very troubling is the very same people that criticized our mask law are the same people that are saying law enforcement officers in the performance of their duty, can't wear a mask to protect their identity if they're involved in a sensitive investigation," Blakeman said.

The executive order signed Friday, citing Blakeman's powers under the county charter, allows "all federal, state and local law enforcement ... shall be permitted to wear masks and/or other facial coverings when deemed necessary to protect their personal safety, the personal safety of their families or the integrity of the operation."

Ryder said police would follow state law that requires patrol officers to identify themselves by their name, rank and badge number. Blakeman said officers will not wear masks to pull drivers over, which would violate Nassau police policy.

The county legislature passed the mask law following protests last year related to tensions in the Middle East. The law says other than exceptions, "such masks or facial coverings are often used to predicate harassing, menacing or criminal behavior."

Nassau County Democrats decried Blakeman's executive order, noting that the law was problematic when passed by the Republican-controlled legislature.

"This executive order is a quiet admission that his original law is most likely illegal," said Nassau County Legis. Delia DeRiggi-Whitton, the minority caucus leader. "We proposed a clear, constitutional alternative focused on actual criminal conduct. Instead, the county executive chose a political headline over sound policy, and now he’s scrambling to patch the consequences."

Westbury residents confronted Homeland Security Investigations agents working with ICE last month on an investigation near an elementary school. The confrontation led agents to speed away, resulting in a crash a block away before agents, some masked, were aided by Nassau County police to leave unharmed.

"We saw what happened in Westbury. It got out of hand real quick. We got the ICE agents out of there. They had an accident. We were not involved in that roundup," Ryder said. "That's to make sure everybody stays safe, but we also have to protect the identity of our cops."

Suffolk County does not have a mask law and Suffolk police did not have details on any policy regarding officers wearing masks. 

Nassau County signed a partnership with ICE in February to allow 10 Nassau County detectives as part of a federal task force to aid in arresting immigrants without legal status. The agreement also sets aside 50 jail beds to hold detainees for up to 72 hours before they are turned over to ICE.

The New York City Bar Association decried ICE officers for wearing masks in a statement last month. The group said federal code requires federal agents to identify themselves as immigration officers when making an arrest.

"The wearing of masks by law enforcement officers is a troubling new practice that endangers the public, decreases accountability, and bears a frightening resemblance to the oppressive tactics of authoritarian regimes," the bar association said in a statement Friday to Newsday. "The New York City Bar Association urges all levels of government to ensure the transparency and accountability for law enforcement’s actions that our laws and our democracy require."

During the past five months of the partnership, Nassau County has housed 1,400 ICE detainees at the jail in East Meadow, as Newsday previously reported. The detainees were brought to the jail from the metropolitan area, including from Newark and New York City, Blakeman said.

Blakeman and the Trump administration said the immigration sweeps targeted immigrants accused of committing crimes.

Blakeman said he did not know the status of detainees held at the Nassau County jail, or what percentage were accused of crimes separate from their immigration status.

He said the county was working with the federal government to be reimbursed for housing the detainees but did not have a cost available.

"We do not know the status of their criminal activity. However, we do understand, and we do know, as a matter of fact, there were some very, very dangerous criminals that were picked up in the metropolitan area," Blakeman said. "If they're in the metropolitan area, they don't respect borders. I would say that most of the illegal activity by people that are here illegally come from places other than Nassau County, typically New York City or Newark, New Jersey." 

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.