September 22, the U.S. Department of Homeland Security (DHS) released a statement condemning a series of bills recently passed in California that restrict federal law enforcement officers’ enforcement activities in the state. Among these bills is the “No Secret Police Act,” which prohibits law enforcement officers from wearing masks to protect their identities.
The statement issued by DHS strongly criticized California Governor Gavin Newsom for signing the “No Secret Police Act,” which further demonizes law enforcement officers and attempts to prevent them from protecting their identities.
On September 20, Newsom signed a series of bills aimed at hindering the Trump administration’s enforcement actions against illegal immigrants in California. In addition to the “No Secret Police Act,” which prohibits law enforcement officers from wearing face coverings like masks, the package of bills also includes restrictions on law enforcement officers entering schools and hospitals.
Newsom remarked, “Unmarked vehicles, masked individuals, and even disappearances. There is no due process, no rights. This is wrong in our democratic society where we have rights.”
In response, DHS stated that law enforcement officers use masks to protect their identities in order to avoid becoming targets of drug cartels, criminal organizations, terrorists, and network investigations.
According to DHS, attacks against Immigration and Customs Enforcement (ICE) officers have increased by over 1000% while Newsom signed these laws. ICE officers have faced attacks including the use of vehicles as weapons, as well as online doxxing campaigns targeting them and their families.
DHS emphasized that even when law enforcement officers wear masks for protection during operations, they are not anonymous. “They clearly identify themselves as law enforcement officers,” DHS stated. “Officers wear vests marked with ICE/ERO or Department of Homeland Security, and their vehicles always bear department names.”
Assistant Secretary Tricia McLaughlin stated, “Governor Newsom’s signing of unconstitutional laws incites division, hatred, and dehumanization of law enforcement officers. Let me be clear: we will not comply with Newsom’s unconstitutional orders.”
Legal experts hold differing views on whether these laws can withstand challenges. The U.S. Supreme Court ruled in “Arizona v. United States” that states cannot regulate federal immigration enforcement. While California’s measures do not explicitly mention immigration, they broadly apply to local and federal law enforcement activities.
Constitutional scholar Erwin Chemerinsky from the University of California, Berkeley, defended the laws, arguing that federal employees must comply with state laws unless they significantly interfere with their duties.
Southern California Acting U.S. Attorney Bill Essayli posted on social media, “California has no jurisdiction over the federal government. If Newsom wants to control federal law enforcement officers, he must go through Congress. When can we expect California to pass legislation banning Antifa members from wearing masks while committing crimes?”
Despite facing obstacles in California, DHS stated that ICE will continue to remove violent criminal illegal immigrants from the streets of California. DHS provided examples of illegal immigrant criminals arrested in California, including David Rodriguez-Veliz from El Salvador, a member of the MS-13 gang, Rawy Javier Mogollon-Morillo from Venezuela, confirmed to be associated with the “Aguilas Negras” gang, and Thoth Sun from Cambodia, previously convicted in San Diego for intentional murder and unlawful use of tear gas weapons.