The bill makes the wearing of a mask while performing official duties a criminal misdemeanor, and imposes a minimum liability of $10,000 for certain acts.
WASHINGTON—Both houses of the California Legislature have passed a bill that bans federal law enforcement officers from wearing masks while performing their duties, with criminal penalties for noncompliance.
The bill, SB-627, bans any law enforcement officer or agent from wearing a “facial covering that conceals or obscures their facial identity in the performance of their duties,” with a few exceptions—such as motorcycle helmets, facial coverings for “SWAT” officers, and N-95 medical masks to protect against COVID-19.
Violations of the bill would be punishable by either a fine or the charge of a criminal misdemeanor.
In addition, the bill strips qualified immunity from law enforcement officers and agents who, while wearing a mask, commit “assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution,” with a minimum penalty of $10,000 if they are found liable.
The bill’s provisions apply to federal, state, and local law enforcement personnel operating throughout California.
“The ICE masked secret police are raining terror on communities across California, and it has to stop. Law enforcement should never be easily confused with the guy in the ski mask robbing a liquor store, yet that’s what’s happening with ICE’s extreme masking behavior,” wrote state Sen. Scott Wiener, a Democrat and the bill’s leading sponsor.
“They should be proud to show their faces and provide identifying information in the course of duty.”
Democratic Party officials, who largely oppose the Trump administration’s efforts to remove all illegal immigrants, have frequently criticized federal law enforcement officers’ covering of their faces with masks, arguing that their actions prevent accountability and resemble the gangs they seek to apprehend.
The agencies have defended personnel masking, stating that it prevents personal harassment of themselves and their families by activists who disagree with the government’s policies.
“ICE law enforcement officers wear masks to prevent doxing, which can (and has) placed them and their families at risk. All ICE law enforcement officers carry badges and credentials and will identify themselves when required for public safety or legal necessity,” Immigration and Customs Enforcement (ICE) wrote on its website’s frequently asked questions webpage.
ICE is the principal agency responsible for apprehending, prosecuting, and removing illegal immigrants from the United States.
Other law enforcement agencies have also worn masks while assisting ICE Enforcement and Removal Operations officers in detaining suspected illegal immigrants.
It is unclear whether the bill is constitutional or not. The Supreme Court of the United States, in Arizona v. United States (2012), held that states cannot regulate federal immigration law enforcement.
However, the word “immigration” is not mentioned in the engrossed text of the bill and presumably applies to all law enforcement activity.
The bill was approved by a two-thirds majority in the California Senate and a simple majority in the lower house, the Assembly.
The bill now heads to Gov. Gavin Newsom. His office declined to comment on whether he would sign it, referring to the bill as “pending legislation.”
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