True to his word, California Gov. Gavin Newsom signed a bill into law on Saturday that would prohibit Immigration and Customs Enforcement (ICE) agents from wearing face masks. I say “would” because federal law supersedes state law. As Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin said in a statement to independent journalist Breanna Morello, “To be clear, we aren’t complying.”
McLaughlin condemned the measure as “despicable,” calling it “a flagrant attempt to endanger our officers.” She described sanctuary politicians’ comparisons of ICE agents to the “Gestapo” as “diabolical.” McLaughlin also criticized Newsom for a threatening post on his “Governor Newsom Press Office” account on X that [DHS Secretary] “Kristi Noem is going to have a bad day today. You’re welcome, America.”
At any rate, this legislation, known as the No Secret Police Act (SB 627), is intended to “prohibit local and federal law enforcement from concealing their faces with ski masks and similar extreme masking.”
Specifically, the bill:
Prohibits local, federal, and out of state law enforcement officers … from wearing facial coverings that conceal their identity while in the performance of their duties.SB 627 provides the following exemptions:
- SWAT teams
- Approved undercover assignments
- Translucent or clear masks
- Motorcycle helmets
- Eyewear to protect against retinal weapons
- N95 medical or surgical mask
- Breathing apparatuses necessary to protect against toxins, gas, and smoke
- Masks to protect against inclement weather
- Masks for underwater operations
A willful and knowing violation of the bill could result in either an infraction or misdemeanor.
The bill outlines the specific penalties law enforcement officers could face for noncompliance.
A Saturday press release from State Sen. Scott Wiener’s office reported that, last week, DHS “demanded” Newsom veto the bill, an order the governor clearly defied.
Wiener, who introduced this unfortunate measure, issued a scathing response which began:
As this authoritarian regime seeks to demolish our constitutional rights and engages in a straight up terror campaign, California is meeting the Trump Administration’s secret police tactics with strength and defiance. I applaud Governor Newsom for the tremendous leadership he has shown in combatting President Trump’s assault on California. The No Secret Police Act is a bold step that builds on a remarkable record of leadership defending our immigrant communities and democracy itself.ICE’s secret police tactics, under Trump and Stephen Miller, are raining fear and aggression down on California and requiring us to adapt in real time. I’m committed to working with the Governor’s office to further refine SB 627 early next year to ensure it is as workable as possible for many law enforcement officers working in good faith to keep California communities safe.
In addition to SB 627, Newsom signed other bills into law, most of them aimed at limiting the ability of ICE to carry out operations in the state. The Washington Examiner reported that one of the bills would “requir[e] officers to provide identification while conducting operations, two others prohibiting ICE agents from entering schools or health facilities without a warrant, and another requiring schools to notify parents and teachers if ICE agents are on site.”
According to the Examiner, during an earlier press conference, “Newsom taunted ICE agents.” He said, “To ICE, unmask. What are you afraid of? You’re gonna do enforcement? Provide an ID.”
Newsom may be surprised to learn that even in deep-blue California, not all constituents will applaud measures that make law enforcement’s work harder and more dangerous. Some may ultimately decide to “vote with their feet,” and the resulting population decline could cost the state congressional seats after the 2030 census.
Elizabeth writes commentary for Legal Insurrection and The Washington Examiner. She is an academy fellow at The Heritage Foundation. Please follow Elizabeth on X or LinkedIn.
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