California’s Democratic-led Senate and Assembly recently passed a bill that prohibits federal law enforcement officers from covering their faces while on duty. However, some lawmakers and law enforcement agencies from both parties believe that the bill raises legitimacy concerns and could put law enforcement officers and entire communities in danger.
The bill, known as SB627 and introduced by Democratic State Senator Scott Wiener, was passed by both chambers of the California legislature last Thursday. It prohibits any law enforcement officer from wearing a “mask that conceals or obscures their facial identity” while performing their duties, with some exceptions including motorcycle helmets, SWAT team members’ masks, and N-95 medical masks.
The bill is seen as a response by California Democrats to oppose the Immigration and Customs Enforcement (ICE) agency’s widespread enforcement actions in Los Angeles. Those who violate the bill would face misdemeanor charges, with some acts carrying fines as low as $10,000.
The legislation applies to federal, state, and local law enforcement officers serving throughout California. Wiener argued that masked law enforcement officers could be mistaken for thugs robbing stores, stating, “ICE’s masked secret police are creating fear in communities all over California, and this situation must stop.”
For some time, Democratic officials have been critical of the Trump administration’s large-scale deportation of illegal immigrants, often condemning the masked enforcement actions by federal law enforcement officers as hindering accountability. Supporters of the bill argue that it is necessary, especially after the Supreme Court ruled that ICE can continue its large-scale immigration enforcement in the Los Angeles area.
However, federal law enforcement agencies emphasize that masked enforcement is necessary to prevent radical elements from harassing officers and their families. Incidents of federal agents being attacked and injured during riots in Los Angeles have occurred. Some agents and their families have even faced death threats.
ICE stated on its website, “ICE officers wear masks to prevent ‘doxxing,’ as this could pose risks to themselves and their families, which has happened in the past. All ICE officers carry badges and identification and will provide identification when necessary for public safety or legal reasons.”
SB627 faced opposition from all Republican state senators in California, and even moderate Democratic lawmakers found it unacceptable. During the vote in the Senate last Thursday, 10 Republican senators and one moderate Democratic senator voted against the bill, with some Democrats refusing to vote. Nonetheless, the bill ultimately passed with the support of 28 Democratic state senators.
Republican Senator Tony Strickland criticized SB627, stating that current California law already mandates officers to show identification, making SB627 redundant and seemingly unnecessary. He described the bill as irresponsible, anti-law enforcement, and a serious threat to the safety of law enforcement officers and their families who bravely protect our communities.
It is currently unclear whether SB627 is constitutional. The U.S. Supreme Court had previously ruled in the 2012 case of “Arizona v. United States” that state governments have no authority to interfere with federal immigration enforcement actions.
The Peace Officers Research Association of California (PORAC) had previously detailed the consequences of SB627 in a statement. The association represents over 80,000 members and 955 associations, making it the largest police organization in California and the U.S.
As SB627 applies to all federal, state, and local law enforcement officers, PORAC President Brian Marvel pointed out that California already has mechanisms in place to identify law enforcement officers and ensure accountability for their actions. The Penal Code explicitly states that officers in uniform must wear badges, name tags, or other identifiers that clearly display their serial numbers or names, making the new law pointless.
“On the contrary, this unnecessary bill would effectively prohibit personal protective equipment – masks and respirators – in high-risk situations like riots or chemical leaks, where such gear is crucial,” Marvel stated. If SB627 takes effect, it would force police officers to choose between personal protection and facing misdemeanor charges, endangering not only their safety but also community security.
SB627 has been sent to Governor Gavin Newsom for his decision within a month to sign it into law. Newsom’s office has described it as a “pending bill” and has not expressed any opinion on whether the governor will sign it.