Federal judge blocks California from enforcing ICE mask ban | ICE (US Immigration and Customs Enforcement)
A federal judge on Monday blocked the entry into force of a California law that would prohibit federal immigration agents from covering their faces, but they will still have to wear clear identification indicating their agency and badge number.
California became the first state to ban most law enforcement officers from wearing face masks under a bill signed by Gavin Newsom, the governor, in September, following high-profile raids last summer by ICE agents in Los Angeles.
The Trump administration filed a lawsuit in November challenging the law, arguing that it would threaten the safety of officers facing harassment, doxing and violence. The Justice Department claimed the law violated the Constitution because California would directly regulate the federal government. The agency argued that federal officers should be able to choose whether or not to wear a face covering.
“Denying this choice to federal agencies and agents would have the effect of deterring federal law enforcement and deterring applicants for law enforcement positions,” the Justice Department wrote in its lawsuit.
Judge Christina Snyder said she made the initial ruling because the mask ban, as enacted, did not equally apply to state and local law enforcement, which amounted to discrimination against the federal government.
U.S. Attorney General Pam Bondi called the ruling a “key legal victory” in a social media post, saying federal agents are “regularly attacked simply for doing their jobs.” She added that the Justice Department “will ALWAYS have the support of our great federal law enforcement officers.”
Scott Weiner, the California state senator who proposed the original bill banning face coverings, said he would immediately introduce new legislation to include state police in the law.
“ICE and Border Patrol cover their faces to maximize their terrorist campaign and protect themselves from liability,” Weiner said in a statement. “We will ensure that our mask ban can be enforced. »
Snyder authorized the implementation of a separate law, which requires state and federal law enforcement officers to present identification. Newsom’s office did not respond to questions about the mask decision, but called the ID decision “a clear victory for the rule of law.”
The decisions could have national implications as states grapple with how to deal with federal agents enforcing the Trump administration’s immigration crackdown. The widespread use of masks by ICE agents has been widely criticized by state officials nationwide, who say face coverings add to a climate of fear in local communities and a lack of accountability.
Democratic lawmakers in the United States have argued that federal law enforcement officials should not be allowed to wear face coverings. Lawmakers in Massachusetts and New York have introduced bills banning federal agents from wearing masks during immigration enforcement operations.
Last week, House and Senate Minority Leaders Hakeem Jeffries and Chuck Schumer wrote a letter to their colleagues demanding legislative action to rein in ICE. One of the reforms presented was to “ban ICE and immigration officers from wearing face coverings.”
Both California laws were set to take effect Jan. 1, but California Attorney General Rob Bonta’s office agreed not to enforce either law while Snyder considered whether to rule on the Trump administration’s lawsuit.
On Monday, Bonta criticized the administration, saying it had “far exceeded the bounds of normal practice, deploying masked and unidentified agents to provide immigration enforcement.” But he praised Snyder’s decision to enforce the law requiring officers to visually identify themselves, saying, “Transparency and accountability are the foundation of good law enforcement.” »
Snyder’s ruling leaves open the possibility of future legislation banning federal officers from wearing masks if it applies to all law enforcement agencies, with the judge writing that “the court finds that federal officers may perform their federal duties without wearing masks.” Snyder put his decision on hold until Feb. 19, so the ID law likely won’t go into effect until then.
