California bans most law enforcement officers from wearing masks during operations
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Audio By Carbonatix
1:18 PM on Saturday, September 20
By TRÂN NGUYỄN and MARTHA BELLISLE
California became the first state to ban most law enforcement, including federal immigration agents, from covering their faces while conducting official business under a bill signed Saturday by Gov. Gavin Newsom.
The ban is a direct response to recent immigration raids in Los Angeles, where federal agents wore masks while making mass arrests. The raids prompted days of protest across and led President Donald Trump to deploy National Guard troops and Marines to the area.
Newsom said California is unique in that 27% of its residents are foreign born.
“We celebrate that diversity. It’s what makes California great. It’s what makes America great. It is under assault,” he said at a news conference in Los Angeles. "This is the United States of America.”
The Democratic governor said the state is pushing back against the practice of masked agents without identification or badge numbers detaining people on the streets.
“The impact of these policies all across this city, our state and nation are terrifying,” Newsom said. “It’s like a dystopian sci-fi movie. Unmarked cars, people in masks, people quite literally disappearing. No due process, no rights, no right in a democracy where we have rights. Immigrants have rights, and we have the right to stand up and push back, and that’s what we’re doing here today.”
But it's unclear how — or whether — the state can enforce the ban on federal agents. A homeland security official called the legislation “despicable” in a statement this week, adding that the ban would put officers in danger.
The Department of Homeland Security said it sent letters Friday to the attorneys general in California, Illinois and New York reinforcing previous instructions that the Democratic-led states honor detainers from the U.S. Immigration and Customs Enforcement for “criminal illegal aliens within their jurisdictions.” DHS said in a statement Saturday that if the states fail to comply, it would pursue “all appropriate measures to end their inadvisable and irresponsible obstruction.”
There was no immediate response to messages seeking comment from DHS and ICE after the law was signed by Newsom in Los Angeles, flanked by state lawmakers and immigrant community members.
The new law prohibits neck gaiters, ski masks and other facial coverings for local and federal officers, including immigration enforcement agents, while they conduct official business. It makes exceptions for undercover agents, medical masks such as N95 respirators or tactical gear. It doesn't apply to state police.
Trump administration officials have consistently defended the practice, saying 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.
Federal agents are already instructed to identify themselves and wear vests with ICE or Homeland Security markers during operations, Homeland Security Assistant Secretary Tricia McLaughlin said this week.
“The men and women at CBP, ICE, and all of our federal law enforcement agencies put their lives on the line every day to arrest violent criminal illegal aliens to protect and defend the lives of American citizens,” she said in a statement.
Newsom said concerns about doxing, or publishing agents personal information online, are unfounded and unproven.
“There’s an assertion that somehow there is an exponential increase in assaults on officers, but they will not provide the data,” he said. “All they have provided is misinformation and misdirection.”
Democrats in Congress and lawmakers in several states, including Tennessee, Michigan, Illinois, New York, Massachusetts, and Pennsylvania, have also introduced similar proposals calling for mask bans.
Proponents of the California law said it is especially needed after the Supreme Court ruled this month that the Trump administration can resume its sweeping immigration operations in Los Angeles. The law aims to boost public trust in law enforcement and stop people from impersonating officers to commit crimes, supporters said.
Constitutional law expert Erwin Chemerinsky at the University of California, Berkeley, also defended the legislation. Federal employees still have to follow general state rules “unless doing so would significantly interfere with the performance of their duties. For example, while on the job, federal employees must stop at red lights,” he wrote in an opinion piece for the Sacramento Bee.
The increase in high-profile immigration enforcement was already contentious between those opposed to the actions of 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.
Newsom also signed legislation Saturday preventing immigration agents from entering schools and health care facilities without a valid warrant or judicial order and requiring schools to notify parents and teachers when immigration agents are on campus.
Assemblymember Al Muratsuchi, D-Torrance, said “students cannot learn if they live in fear of being deported. The California Safe Haven Schools Act is a clear message to Donald Trump: ‘keep ICE out of our schools.’”
Earlier this year the Legislature also authorized giving $50 million to California’s Department of Justice and other legal groups, which has resulted in more than 40 lawsuits against the Trump administration.