The U.S. Department of Justice on Monday blocked a newly enacted law that would ban law enforcement officers, including federal immigration officials, from wearing masks and require identification.
The law, passed by the California Legislature and signed by Governor Gavin Newsom, comes in the wake of Trump administration immigration raids in California by unidentified masked federal agents.
Atty. Gen. Pamela Bondi said the law is unconstitutional and puts federal employees at risk.
“California’s anti-law enforcement policies discriminate against the federal government and are designed to pose a risk to our authorities,” Bondi said in a statement. “These laws don’t stand.”
The governor recently signed Senate Bill 627, which prohibits federal employees from wearing masks during executive duties, and Senate Bill 805, which requires non-uniformed federal employees to visibly display their name and badge number while on duty. Both measures were introduced in response to the Trump administration’s aggressive raids on immigrants.
The lawsuit names California, Governor Gavin Newsom, and Governor Atty. Gen. Rob Bonta, as defendant, argued that the law was unconstitutional because only the federal government had the authority to control all requirements regarding its personnel and their uniforms. Additionally, federal employees argued that the nature of their jobs sometimes requires them to conceal their identities.
“Given the personal threats and violence faced by our personnel, federal law enforcement agencies allow our personnel to choose whether or not to wear a mask to protect their identity and provide additional safety,” the complaint states. “Denying federal agencies and employees that choice will cripple federal law enforcement and deter people from applying for law enforcement jobs.”
The complaint states that federal employees do not comply with either law.
“The federal government faces harm if forced to comply with either law, as well as the real threat of criminal liability for noncompliance,” the complaint states. “Accordingly, the statute at issue is invalid under the Supremacy Clause and its application to the federal government should be preliminarily and permanently enjoined.”
Mr. Newsom has previously said it is unacceptable for “secret police” to pick up people on the street and said the new law is needed to help people distinguish between fraudsters and legitimate federal law enforcement officers.
But the governor acknowledged the bill could provide further clarity on safety equipment and other exemptions. He directed lawmakers to work on the initiative next year.
Sen. Scott Wiener (D-San Francisco), who introduced SB 627, said in a statement Monday that the FBI recently warned that “secret police tactics” are undermining public safety.
“Despite what would-be authoritarians claim, no one is above the law,” Wiener said. “See you in court.”
