Justice Department sues to block laws restricting masked, unidentified law enforcement officers in California

SACRAMENTO — The U.S. Department of Justice sued California on Monday to block newly passed laws that prohibit law enforcement officials, including federal immigration agents, from wearing masks and that require them to identify themselves.

The laws, passed by the California Legislature and signed by Gov. Gavin Newsom, came in the wake of the Trump administration’s immigration raids in California, when masked, unidentified federal officers jumped out of vehicles this summer as part of the president’s mass deportation program.

Atty. Gen. Pamela Bondi said the laws were unconsitutional and endanger federal officers.

“California’s anti-law enforcement policies discriminate against the federal government and are designed to create risk for our agents,” Bondi said in a statement. “These laws cannot stand.”

The governor recently signed Senate Bill 627, which bans federal officers from wearing masks during enforcement duties, and Senate Bill 805, which requires federal officers without a uniform to visibly display their name or badge number during operations. Both measures were introduced as a response to the Trump administration’s aggressive immigration raids that are often conducted by masked agents in plainclothes and unmarked cars.

The lawsuit, which names the state of California, Gov. Gavin Newsom and state Atty. Gen. Rob Bonta as defendants, asserts the laws are unconstitutional as only the federal government has the authority to control its agents and any requirements about their uniforms. It further argued that federal agents need to conceal their identities at times due to the nature of their work.

“Given the personal threats and violence that agents face, federal law enforcement agencies allow their officers to choose whether to wear masks to protect their identities and provide an extra layer of security,” the lawsuit states. “Denying federal agencies and officers that choice would chill federal law enforcement and deter applicants for law enforcement positions.”

Federal agents will not comply with either law, the lawsuit states.

“The Federal Government would be harmed if forced to comply with either Act, and also faces harm from the real threat of criminal liability for noncompliance,” the lawsuit states. “Accordingly, the challenged laws are invalid under the Supremacy Clause and their application to the Federal Government should be preliminarily and permanently enjoined.”

Newsom previously said it was unacceptable for “secret police” to grab people off the streets, and that the new laws were needed to help the public differentiate between imposters and legitimate federal law officers.

The governor, however, acknowledged the legislation could use more clarifications about safety gear and other exemptions. He directed lawmakers to work on a follow-up bill next year.

In a Monday statement, Sen. Scott Wiener (D-San Francisco), who introduced SB 627, said the FBI recently warned that “secret police tactics” are undermining public safety.

“Despite what these would-be authoritarians claim, no one is above the law,” said Wiener. “We’ll see you in court.”