California cannot enforce mask ban for federal agents, judge says – NBC Los Angeles

A federal judge Monday blocked California from enforcing a new state law that bans law enforcement officials, including federal agents, from wearing masks and face covering on duty.

U.S. District Judge Christina Snyder decided that the state cannot enforce the No Secret Police Act, which was signed into law by Gov. Gavin Newsom last September, as the Supremacy Clause of the U.S. Constitution allows federal authority to take precedence over state laws. 

The No Secret Police Act, also known as Senate Bill 627, was set to take effect on July 1 as immigration enforcement operations, often conducted by masked federal agents, sparked outrage among some Californians. 

“California may not enforce the facial covering prohibition of the No Secret Police Act against federal law enforcement officers,”  Judge Snyder wrote in her order. 

However, the judge declined to issue a preliminary injunction against SB 627 as requested by the federal government, saying the Trump administration “has failed to demonstrate that the facial covering prohibition directly regulates the federal government.”

When it comes to No Vigilantes Act, which requires law enforcement to visibly display identification, the Clinton appointee sided with California. She said it does not violate the Supremacy Clause of the Constitution because it does not directly regulate the federal government.

The state and the federal government have until Feb. 19 to appeal.

The No Secret Police Act, introduced by State Senators Scott Wiener (D-San Francisco) and Jesse Arreguin (D-Berkeley), aims to boost transparency as federal agents conducting immigration enforcement operations drew criticism for covering up their faces and driving in unmarked vehicles.  

When it was signed into law, U.S. Attorney General Pam Bondi called it “anti-law enforcement,” saying it discriminates against the federal government and is “designed to create risks” for federal agents.

Law enforcement organizations, including the Peace Officers Research Association of California, have also opposed the bill, saying it could expose officers’ identities and make them vulnerable to threats. 

The No Vigilantes Act, introduced by State Senator Sasha Renée Pérez (D-Pasadena), is meant to “protect Californians” while preventing bounty hunters from engaging in any form of immigration enforcement.

“The No Vigilantes Act aims to (ensure) that anyone conducting enforcement in California is really who they say they are,” Perez said, adding those who refuse to provide identification would be investigated by local police under the law. 

NBC Los Angeles reached out to Governor Newsom’s office for comment.