LA County supervisors move to prohibit federal agents from wearing masks

The Los Angeles County Board of Supervisors on Tuesday took a step toward prohibiting law enforcement from wearing any mask or other “personal disguise” while interacting with the public.

The move follows a series of immigration sweeps conducted by federal officers whose faces were covered.

The board asked county lawyers to draft a rule that would also require all law enforcement officers “to wear visible identification and agency affiliation.”

Supervisor Kathryn Barger abstained from the vote, citing concerns over how local police would enforce a regulation on federal law enforcement officers.

Undermining public trust

Four of the five supervisors said the masked agents have terrorized communities.

“Residents have witnessed countless incidents of men in plainclothes or wearing tactical gear, with their faces covered by masks or balaclavas and sunglasses, while they raid communities and detain residents,” Supervisors Janice Hahn and Hilda Solis wrote in their motion. “They have refused to reveal their identities or even a badge when asked, leading to fear of impersonators.”

The motion says when law enforcement officers conceal their identities, “they create confusion, incite fear, and undermine public trust.”

If the mask ban becomes law, there would be exceptions, such as the use of gas masks, masks to protect from fire and smoke, and medical grade masks when necessary, as well as exemptions for undercover law enforcement operations.

“This is a common sense, reasonable expectation of law enforcement in our communities,” Hahn said during the board’s meeting.

Supervisor Holly Mitchell noted that local police officers and sheriff’s deputies generally show their faces and identification while enforcing the law.

“If it's good enough for every other man and woman in law enforcement, why is it not good enough for ICE?” Mitchell said.

Federal officials have defended the use of masks by Department of Homeland Security and Immigration and Customs Enforcement officers. They say concealing their identities protects them and their families from retaliation.

U.S. Homeland Security Secretary Kristi Noem has said agents' faces and home addresses have been circulated by gang members and activist groups who oppose the mass deportations being undertaken by the Trump administration.

"We will prosecute those who dox ICE agents to the fullest extent of the law,'' Noem said in a statement earlier this month. "These criminals are taking the side of vicious cartels and human traffickers. We won't allow it in America.''

Hahn said she expected the federal government to challenge the legality of any ordinance.

“It's unclear if we here at the county can regulate federal agents,” she said. “Ultimately, it's probably going to be decided in court.”

How it would work

Barger said she agreed with the spirit of the proposal, but she had concerns about how it could work. A spokesperson said later that the supervisor abstained from voting in part because she didn’t want to give people a false sense of security.

“I just want to make sure we do something that in fact is going to protect this vulnerable population,” Barger said during the meeting.

County Counsel Dawyn Harrison seemed to echo those concerns.

"I’ll be honest. Practically speaking, I don’t know how that would work,” said Harrison, adding it would be up to the district attorney to prosecute any violations.

Dozens of people at the meeting spoke in favor of the proposal.

"When agents are unidentified and masked, how can the public tell the difference between a legitimate officer and a dangerous imposter?" asked Elizabeth Long. "This lack of identification erodes trust, creates fear and opens the door to abuse."

The proposal follows similar ones pending in the state Legislature and in Congress.

State Senate Bill 627, would also prohibit law enforcement officers, including federal agents, from wearing masks or other facial coverings while performing their duties, with some exceptions. The bill is known as the “No Secret Police Act.”

State Senate Bill 805, the “No Vigilantes Act,” would require that officers clearly display their name or badge number.

In Congress, Democrats have introduced several bills, including the No Secret Police Act, which would bar federal agents from concealing their faces with "home-made, non-tactical masks."