A federal judge on Monday temporarily blocked California from enforcing a new law that would have banned federal immigration agents from wearing masks during immigration sweeps.
U.S. District Judge Christina Snyder ruled that the state could not enforce the facial-covering provision of SB 627, the No Secret Police Act, while a legal challenge brought by the federal government moved forward. That lawsuit argued that SB 627 conflicted with federal authority and would improperly limit how federal agents could do their jobs.
The backstory
The law banning facial coverings took effect Jan. 1 and had already sparked confusion and backlash in Los Angeles after Los Angeles Police Department Chief Jim McDonnell said officers would not enforce the ban. McDonnell called the law bad policy and said enforcing it could put officers and the public at risk.
McDonnell’s statements drew sharp criticism from local elected officials, the authors of the laws, and immigration law attorneys and advocates.
The federal government sued California last year, arguing that SB 627 and a second law, SB 805, known as the No Vigilantes Act, unlawfully interfered with federal immigration enforcement. SB 627 sought, in part, to make it illegal for most officers, including federal agents, to conduct law enforcement operations while wearing masks. SB 805, in part, required agents to identify themselves.
About the ruling
Snyder ruled that the mask ban inconsistently applied to some law enforcement officers and not others, which is one of the reasons why the judge temporarily blocked it.
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Federal attorneys had argued that agents should be allowed to wear masks for their safety against harassment and assault, such as doxxing. Snyder disagreed, writing that while federal agents and other public figures face security risks, masks were not essential for performing their duties.
“Security concerns exist for federal law enforcement officers with and without masks,” Snyder wrote. “If anything, the Court finds that the presence of masked and unidentifiable individuals, including law enforcement, is more likely to heighten the sense of insecurity for all.”
Reaction to the ruling
One of the law’s authors, Sen. Scott Wiener, D-San Francisco, announced Monday afternoon that he would be introducing new legislation aimed at revising the original law to apply to state officers it previously exempted. He characterized the ruling as a win and vowed to continue efforts to unmask federal agents.
“Now that the Court has made clear that state officers must be included, I am immediately introducing new legislation to include state officers,” Wiener said in a prepared statement, adding: “We will unmask these thugs and hold them accountable. Full stop.”
What's next
Monday’s ruling still required enforcement of SB 627 and SB 805’s remaining provisions, including that officers identify themselves. It also protected the pathway for civilians to directly sue agents for misconduct.
This temporary order will remain in effect until the federal case is resolved. The Department of Homeland Security did not immediately respond to requests for comment. This story will update if it does.
