North Dakota's Anti-Mask Law Raises Questions About ICE Agents

Experts debate whether the state's law prohibiting mask-wearing could apply to federal immigration enforcement officers.

Published on Feb. 17, 2026

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North Dakota's law prohibiting the concealment of one's identity in certain situations has raised questions about whether it could apply to U.S. Immigration and Customs Enforcement (ICE) agents who have begun covering their faces on duty. While one law professor argues the law could potentially be used against ICE agents, the state representative who sponsored an amendment to the law says it was not intended to apply to law enforcement. The American Civil Liberties Union of North Dakota opposes the law on First Amendment grounds, but says prosecutors have a duty to enforce laws equally.

Why it matters

The debate over North Dakota's anti-mask law highlights broader concerns about the accountability and transparency of federal immigration enforcement actions, as well as potential conflicts between state and federal authority. Critics argue that ICE agents may be using masks to avoid public scrutiny, while supporters say the agents should have the option to mask up for safety reasons.

The details

North Dakota's anti-mask law, passed in 2017 and expanded in 2025, makes it a misdemeanor to wear a mask or conceal one's identity in certain circumstances, such as with the intent to intimidate, threaten or harass others, or while committing a crime. University of North Dakota law professor Steven Morrison argues the law could potentially be used against ICE agents if prosecutors believe they are wearing masks to conceal their identities while committing a crime. However, the state representative who sponsored the 2025 amendment to the law says it was not intended to apply to law enforcement.

  • North Dakota's anti-mask law was passed in 2017.
  • The law was expanded in 2025 to also prohibit mask-wearing while congregating in public.
  • Since 2017, the law has been used 106 times, primarily against people already being prosecuted for other crimes.

The players

Steven Morrison

A professor at the University of North Dakota School of Law who teaches criminal law and believes the state's anti-mask law could potentially be applied to ICE agents.

Lawrence Klemin

A Republican state representative and attorney who sponsored the 2025 amendment to North Dakota's anti-mask law, and who says the law was not intended to apply to law enforcement.

Cody Schuler

The advocacy manager for the American Civil Liberties Union of North Dakota, which opposes the state's anti-mask law on First Amendment grounds.

U.S. Immigration and Customs Enforcement (ICE)

The federal agency whose agents have begun covering their faces on duty, which has raised concerns about accountability and transparency.

U.S. Customs and Border Protection (CBP)

The federal agency that, along with ICE, has seen its agents begin covering their faces on duty.

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What they’re saying

“We have the First Amendment right to assemble and to associate with others. Two, we have the First Amendment right to speak anonymously.”

— Steven Morrison, Law Professor, University of North Dakota School of Law (grandforksherald.com)

“ICE and other law enforcement agents are not above the law. Like anyone else, they have to comply with North Dakota's laws if they are operating in the state.”

— Cody Schuler, Advocacy Manager, American Civil Liberties Union of North Dakota (grandforksherald.com)

What’s next

The North Dakota Attorney General's office has not yet indicated whether it plans to investigate or pursue charges against any ICE agents under the state's anti-mask law.

The takeaway

This case highlights the potential conflicts between state and federal authority, as well as the ongoing debate over the accountability and transparency of federal immigration enforcement actions. It also raises broader questions about the constitutionality of laws that restrict mask-wearing or concealing one's identity in public spaces.