Could a North Dakota law that makes it illegal for people to conceal their identities in certain situations also apply to masked immigration agents?
One University of North Dakota School of Law professor says yes — though he noted part of the law presents serious First Amendment concerns.
Steven Morrison, who teaches criminal law, said they could be charged with the crime “if it were to be found that ICE agents are out there essentially intending to violate the law and wearing masks with the intent to conceal their identities.”
Under President Donald Trump’s administration, U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection agents have begun covering their faces on duty. The executive branch says it allows agents to choose to mask for safety reasons.
Critics of the policy have argued that immigration agents could be using masks to avoid public accountability, and some states have weighed passing laws banning the practice. California recently passed such a law, though a federal judge temporarily blocked its enforcement.
North Dakota lawmakers passed an anti-mask law in 2017 originally intended to apply to masked protesters, according to public hearings from the legislative session. It was proposed shortly after demonstrations against the Dakota Access Pipeline reached their zenith in 2016.
Supporters of the proposed law pointed to DAPL protesters who they said were wearing masks while trespassing and vandalizing construction equipment. But the law didn’t take effect in North Dakota until after those demonstrations.
Under the statute, it’s a class A misdemeanor to wear a mask or conceal one’s identity in the following circumstances:
- “With the intent to intimidate, threaten, abuse, or harass any other individual”
- For “evading or escaping discovery, recognition, or identification” while committing a crime
- For “concealment, flight, or escape” after being charged, arrested, or convicted of a crime
A class A misdemeanor is punishable by up to 360 days in jail, a $3,000 fine or both.
The North Dakota Legislature expanded the law in 2025 to not only apply to people who wear masks to harass people or flee authorities, but also those who conceal their identity “while congregating in a public place with other individuals” except during festivities like Halloween.
Morrison said an immigration agent could hypothetically be charged under the statute, if a prosecutor believed the officer wore a mask to conceal themselves while committing a crime.
He said prosecutors are generally very reluctant to file charges against law enforcement, in part because the law affords them certain protections.
You can read the full article at News from the States.