The Justice Department sued California on Monday to block the implementation of two bills signed by Democratic Governor Gavin Newsom that would regulate the actions of federal agents carrying out immigration enforcement operations in the state.
The laws, both signed by Newsom on September 20, block Immigration and Customs Enforcement (ICE) agents from wearing masks or concealing their faces while on the job and require them to visibly display identification of their agency. The suit, filed in the Central District of California, argues that the laws violate the Supremacy Clause of the Constitution and endanger federal agents.
“The No Secret Police Act and No Vigilantes Act directly regulate the Federal Government by dictating permissible uniforms for federal agents and forcing federal agencies to adopt specified policies,” the suit said. “But the Federal Government, not California, has authority to control its own agents and activities.”
Named in the suit are Newsom and California Attorney General Rob Bonta, another Democrat.
The suit argues that the laws would “recklessly endanger the lives of federal agents and their family members and compromise the operational effectiveness of federal law enforcement activities.”
The Department of Homeland Security has said that ICE officers have faced a 1000% increase in assaults this year and has pointed to efforts to dox and threaten the families of ICE agents. In September, three women were charged after they were accused of following an ICE agent to his home before posting his home address to Instagram.
The Justice Department said that the federal government did not intend to comply with the laws, both of which take effect on January 1.
The department argued that the laws would “thwart” the use of plainclothes surveillance.
“Because suspects who recognize officers may take preemptive actions to evade apprehension and obstruct enforcement efforts, masking is critical for maintaining operational effectiveness, especially in areas where repeat offenders or organized criminal networks are prevalent,” the suit argued.
Bonta said he was reviewing the Justice Department’s complaint.
“It’s problematic when Californians can’t tell the difference between a law enforcement officer who is charged with protecting them and a criminal who is attempting to cause them harm,” Bonta’s office said in a statement. “The FBI itself has warned that the practice of ICE agents obscuring their identity has led to a rise in copycats committing crimes, threatening public safety and eroding trust in law enforcement.”
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