FILE ART: Federal agents wearing masks patrol the halls of immigration court. (Photo by Michael M. Santiago/Getty Images)
SACRAMENTO, Calif. - A new law that will prohibit U.S. Immigration and Customs Enforcement officers from concealing their faces with masks goes into effect Jan. 1, while a Trump administration lawsuit to stop it is pending.
California's No Secret Police Act, SB 627, authored by state Sen. Scott Wiener, D-San Francisco, takes effect Thursday, marking the nation's first statewide ban on "extreme masking" by law enforcement, including federal immigration officers.
The law prohibits local, federal, and out-of-state officers from concealing their faces with ski masks or other coverings while on duty, except in limited circumstances such as SWAT operations, health protection, or to protect against hazardous conditions, such as wildfire smoke.
The new law will also require most law enforcement to show visible identification and to wear names or badge numbers on their uniforms where they can be seen by the public.
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Trump administration rejects California mask ban
The Department of Homeland Security says it will not follow California's new mask ban for law enforcement. Over the weekend, California Governor Newsom signed the No Secret Police Act, which requires law enforcement officers to show their faces while on duty.
"ICE agents who terrorize California communities while covering their faces will be in violation of California law and subject to civil and criminal liability," said Wiener in a statement. "There is no legitimate reason for ICE or any law enforcement officer to cover their faces while conducting normal operations and doing so undermines public safety and erodes trust in law enforcement."
On Nov. 17, the Trump administration filed a suit in federal court in the Central District of California to invalidate the law.
That same day, the bill's co-author, state Sen. Jesse Arreguin, D-Oakland, issued a statement saying a recent memo from the FBI warns that masked criminals were impersonating ICE agents and have carried out robberies, kidnappings and assaults. The FBI memo urges agents to clearly identify themselves and to cooperate with verification requests.
"This law protects both the public and legitimate officers," said Arreguin. "When armed operatives walk into our communities obscuring their face, badge, and name, the public's trust is broken -- and that poses a risk to everyone. That risk is significantly heightened when there are known impersonators exploiting ICE's propensity to withhold their identity."
This bill also requires law enforcement agencies to adopt a policy governing the use of facial coverings by July 1.