SACRAMENTO, California — Democratic leaders in California and other blue states are taking aim at the masks federal immigration officers use to conceal their identities — laying the groundwork for all-but-inevitable court battles over their ability to rein in the Trump administration’s deportation tactics.
Los Angeles County this week joined state and local governments across the country that are fighting the use of ski masks, gaiters and balaclavas during large raids that have caused fear and panic in cities like Los Angeles. Legislative efforts are also underway in New York, Illinois and Massachusetts to limit the face coverings law enforcement can wear and require officers to wear badges or some form of ID.
Even some proponents admit it’s a legally questionable proposal that will likely be litigated in court. But it may be one of Democrats’ few options for resisting Trump’s immigration crackdown beyond lawsuits. Federal lawmakers, including California Sen. Alex Padilla, have introduced their own anti-mask legislation, but it’s unlikely to go anywhere in the Republican-controlled Congress.
“People wearing ski masks are grabbing people, throwing them into unmarked cars and sending them to Alligator Alcatraz or El Salvador or Libya,” said California state Sen. Scott Wiener, who authored a bill to ban certain kinds of face coverings for law enforcement. “It’s really terrifying, and there should be a deep, broad-based movement to put a stop to this kind of fascist secret police.”
A spokesperson for the Department of Homeland Security called the efforts “repulsive messaging bills that stoke dangerous anti-ICE rhetoric for cheap political points and fundraising emails” in a statement to POLITICO, adding that federal officers “clearly identify themselves as law enforcement” and need the masks to shield themselves from violence and online harassment.
Even in California, which is dominated by a Democratic supermajority, lawmakers and Gov. Gavin Newsom aren’t entirely sold on Wiener’s anti-mask bill. That’s due in large part to opposition from powerful state and local law enforcement lobby groups, whose members resent being lumped in with federal immigration officials and questions about its legality.
Newsom has slammed federal agents’ use of face coverings — but also publicly questioned whether the state can regulate federal law enforcement. The governor’s team in a statement also echoed moderate Democrats’ concerns about its scope.
“This is a critical issue facing our communities,” said Diana Crofts-Pelayo, a Newsom spokesperson. “Consistent with the Governor’s direction, we want to ensure the bill doesn’t disrupt the important work of state and local law enforcement, which doesn’t involve immigration operations.”
In Los Angeles County, one member of the Board of Supervisors questioned how such an ordinance would be enforced as her colleagues voted to take the first step toward drafting anti-mask rules.
“I’m not critical of the why, it’s the how,” said Kathryn Barger, a moderate Republican, during the meeting.
Janice Hahn, the supervisor who put forward the proposal, acknowledged its legality “may be decided in court.”
“This is the time for our vulnerable residents — and whether or not it gives them a false sense of security — they need to know that their government is paying attention … that we have the courage of our convictions to stand up and say, ‘When you’re in our county, this is how we expect you to behave as a law enforcement official,’” Hahn said.
Jeff Coltin and Shia Kapos contributed reporting.
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