3 hours ago
7
A federal judge on Monday blocked a California law from going into effect that would ban federal immigration agents from covering their faces, but they will still be required to wear clear identification showing their agency and badge number.
California became the first state to ban most law enforcement officers from wearing facial coverings under a bill that was signed by Gavin Newsom the governor, in September, following last summer’s high-profile raids by ICE officers in Los Angeles.
The Trump administration filed a lawsuit in November challenging the law, arguing it would threaten the safety of officers who are facing harassment, doxing, and violence. The Department of Justice claimed the law violated the constitution because California would be directly regulating the federal government. The agency argued that federal officers should be able to choose a whether to wear a face covering.
“Denying federal agencies and officers that choice would chill federal law enforcement and deter applicants for law enforcement positions,” the justice department wrote in its lawsuit.
Judge Christina Snyder said she issued the initial ruling because the mask ban as it was enacted did not also apply to state and local law enforcement authorities, thus it discriminated against the federal government. The judge did allow a separate law to stand, which requires both state and federal law enforcement officers to display identification.
The ruling could have national implications as states grapple with how to deal with federal agents enforcing the Trump administration’s immigration crackdown. Democratic lawmakers in other states have argued that federal law enforcement officials should not be allowed to wear face coverings.
Last week, minority leaders for the House and Senate, Hakeem Jeffries and Chuck Schumer, wrote a letter to their colleagues demanding legislatives actions to rein in Immigration and Customs Enforcement (ICE). One of the reforms they outlined was to “prohibit ICE and immigration enforcement agents from wearing face coverings”.
Both of California’s laws were slated to go into effect on 1 January, but the California attorney general Rob Bonta’s office agreed not to enforce either law while Snyder was considering a ruling on the Trump administration’s lawsuit.
Snyder’s decision left open the possibility to future legislation banning federal agents from wearing masks if it applied to all law enforcement agencies, with the judge writing “the court finds that federal officers can perform their federal functions without wearing masks”. Snyder stayed her ruling until 19 February, so the identification law won’t likely go into effect until then.
Bonta and Newsom’s office didn’t immediately return requests for comment.
