California Passes Law Banning ICE Officers From Wearing Masks

California’s legislature has passed a bill that bans federal law enforcement officers from wearing masks while on duty, 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 exceptions for motorcycle helmets and SWAT officers, along with N-95 masks for COVID-19. 

Assuming it’s signed by Gov. Gavin Newsom (D), violators could face either a fine or charged with a misdemeanor.

The bill also strips law enforcement officers from qualified immunity for officer and agents who commit “assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution” while wearing a mask, and could face a fine up to $10,000.

The bill applies to federal, state, and local law enforcement personnel throughout the state – so criminals seeking revenge will have a wide swath of cops to target. 

“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,” Sen. Scott Wiener (D-generate), the bill’s leading sponsor, wrote. 

“They should be proud to show their faces and provide identifying information in the course of duty.” 

The agencies have hit back – saying that masking prevents members of law enforcement and their families from being harassed.

“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,” the agency wrote on its website in the FAQ area. 

ICE is responsible for heading up the apprehension, prosecution and removal of illegal immigrants from the United States. 

That said, the bill may be unconstitutional – after the Supreme Court held in a 2012 case (Arizona v. United States) that states cannot regulate federal immigration law enforcement. Yet, the word “immigration” is not mentioned in the text of the bill, which applies to all law enforcement activity. 

The bill was approved by a 2/3 majority in the California Senate and a simple majority in the lower House.