A judge on Monday struck down a new California law barring immigration agencies and other law enforcement officials from wearing masks in the state, but an effort has begun to renew the law.
US District Judge Christina A. Snyder in Los Angeles ruled that the Non-Secretary Police Act does not apply equally to all police officers because it does not cover state law enforcement, and therefore “unlawfully discriminates against public officials.”
But, Snyder said, the ban doesn’t prevent federal officials from performing their federal duties, indicating that the revised law fixing discrimination may be constitutional.
State Rep. Scott Wiener (D-San Francisco), the law’s author, on Monday proposed a new ban on the wearing of masks by all law enforcement officers in California, a change he said would bring the ban into line with Snyder’s decision.
Wiener said he will introduce his revised bill as soon as possible to expose US Immigration and Customs Enforcement and other federal agents who are running unconstitutional laws in the state as soon as possible.
“We’re going to expose these criminals and hold them accountable. Full stop,” Wiener said, calling Snyder’s decision “a huge victory.”
He said. Gen. Pam Bondi, who sued California to block the law from taking effect, made the decision on very different terms, such as a win for the federal government and immigration agents who do a tough job under increased scrutiny.
“Another court is the key to victory because of our failure [Justice Department] lawyers,” Bondi wrote in X.
“After our arguments, a district court in California BLOCKED the implementation of a law that would have prevented federal agents from wearing masks to protect their identities,” Bondi wrote. “These federal agents are harassed, harassed, blocked and assaulted regularly for doing their job.”
Wiener helped push two new California laws last year — the No Secret Police Act and the Vigilantes Act — after heavy and brutal immigration enforcement by undercover ICE and other federal agents in California and across the country.
The No Secret Police Act barred local law enforcement officers, officers from other states and law enforcement from wearing masks except in certain circumstances — such as for tactical, SWAT or undercover operations. It did not apply those restrictions to California law enforcement officials.
The No Vigilantes Act required any law enforcement officer working in California to display clear identification, including the name of their agency and their name or badge number, except undercover and in certain other circumstances.
Gov. Gavin Newsom signed the measures into law in September, although the state agreed not to enforce the measures against county agents during a Justice Department challenge in court.
In his decision on Monday, Snyder only blocked a ban on face coverings by federal agents, and on seemingly flimsy grounds.
Snyder said the court “finds that public officials can perform their official duties without wearing a mask. However, because the Non-Secretary Police Act, as currently enacted, does not apply equally to all law enforcement agencies in the state, it unlawfully discriminates against public officials.”
“Because such discrimination violates the Supreme Court, the Court is forced to issue a law prohibiting the covering of the face,” he wrote.
Weiner said “it’s hard to overstate how important this decision is to our efforts to ensure full accountability for ICE and the Border Patrol’s counter-terrorism operations.”
Wiener said he and his colleagues drafted the No Secret Police Act in consultation with constitutional experts, but “removed the state police from the bill” based on discussions with Newsom’s office.
“Since the Court has made it clear that government officials must be included, I immediately introduced a new law that will include government officials,” said Wiener. “I will do everything in my power to speed up the passage of this amendment to the No Secret Police Act.”
He said ICE and Customs and Border Protection officials were “covering their faces to further their terror campaign and protect themselves from accountability. We’re not going to let them get away with it.”
Wiener is also pushing for a new law — called the No Kings Act — that would allow Californians to sue federal agents for violating their rights. Democrats in Congress also want immigration agents to stop wearing masks as a condition of extending funding for the Department of Homeland Security.
In response to Wiener’s suggestion that he had removed federal officials from the bill based on discussions with the governor’s office, Newsom’s office wrote to X that Wiener “rejected our proposed amendments to his bill” and “chose a different approach, and today the court found his approach illegal.”
In a separate statement, Newsom praised Snyder’s support for the officer identification requirement as “a clear legislative achievement.”
“No badge and no word mean irresponsibility. California will continue to fight for civil rights and our democracy.”
Bondi said his office will continue to protect federal agents in this federal action.
“We will continue to fight and win in court for President Trump’s law and order agenda — and we WILL ALWAYS support our senior law enforcement officials,” she said.
