The increase in high-profile immigration enforcement was already contentious between those opposed to the actions of Donald Trump's administration and those in support of them. The sight of masked agents carrying it out is creating a whole new level of conflict, in a way that has no real comparison in the U.S. history of policing.
Trump administration officials have consistently defended the practice, saying that immigration agents have faced strident and increasing harassment in public and online as they have gone about their enforcement in service of Trump's drive toward mass deportation, and hiding their identities is for their and their families' safety to avoid things like death threats and doxing, where someone's personal information is released without their permission on the internet.
“I’m sorry if people are offended by them wearing masks, but I’m not going to let my officers and agents go out there and put their lives on the line, their family on the line because people don’t like what immigration enforcement is,” Immigration and Customs Enforcement acting director Todd Lyons said last month.
Democrats and others, including the several state attorneys general, have pushed back, saying the use of face masks generates public fear and should be halted.
In a letter to Lyons last week, a group of Democratic senators said the stepped-up immigration enforcement in workplaces, restaurants and other sites was already causing dismay and the increasingly common sight of masked agents “represents a clear attempt to compound that fear and chaos – and to avoid accountability for agents’ actions.”
In American culture, covering one's face has often gone hand in hand with assumptions of negative behavior. Think bandits donning bandanas in cowboy movies, or robbers putting on ski masks before pulling a heist on a bank. Even comic-book superheroes who cover their faces have been swept up in storylines in recent years that derisively refer to them as “masks” and say their decision to hide their identities while enforcing justice is transgressive.
And the presence of masked police or paramilitary forces in other countries has been seen by Americans as antithetical to promised democracy and justice for all — and to the common-law principle of being able to face your accusers.
Mask-wearing overall in American life took another hit during the COVID-19 pandemic, when many Trump supporters scoffed at notions that protective masks would insulate people from the deadly virus and scorned people who wore them. More recently, Trump has come out against masks, at least when they're being worn by protestors. He posted on social media last month that demonstrators wearing masks should be arrested.
Given all that cultural context, it's even more problematic that those enforcing laws be the ones with their faces covered, said Tobias Winright, professor of moral theology at St. Patrick's Pontifical University in Maynooth, Ireland. He has worked in law enforcement in the U.S. and writes frequently about policing ethics.
If “what you’re doing is above board and right," he said, “then why conceal your identity?”
For those who question why it's different for law enforcement to wear masks if protestors and non-law enforcement personnel are doing it, it's because symbols have different meanings based on the power and position of the people using them, said Alison Kinney, author of “Hood,” a book about that clothing item and the various ways people have used it.
“ICE agents are agents of the state. and they’re invested with not only power but also with protections in carrying out their job,” she said. “But that job is also supposed to be public service. It’s also supposed to be accountable and responsible to the public."
“And so they have a greater responsibility for transparency and accountability and making themselves known so that we can hold them accountable for the justice or injustice of their actions,” she said.
