Federal Court Enjoins California’s Law Prohibiting Federal Law Enforcement Officers from Wearing Masks

Most law enforcement officers don’t wear masks, but in recent immigration enforcement surges, many ICE officers have done so. ICE apparently permits the practice but does not require it. Proponents of masking contend that it is necessary to prevent officers from being identified and doxed or harassed. Opponents argue that masking makes it harder to hold officers accountable for misconduct and creates a frightening atmosphere. At the federal level, a bill has been introduced that would prohibit immigration officers from wearing masks. It does not appear likely to pass. Congress is currently debating whether to include anti-masking provisions in a measure to fund the Department of Homeland Security. Some states have also considered addressing the practice. According to this primer by the State Democracy Research Institute at the University of Wisconsin, “lawmakers in at least seventeen states have proposed legislation to prohibit law enforcement from masking.” However, legislation has actually passed in only one state: California. A number of localities have also considered enacting ordinances to the same effect, though apparently only Los Angeles County has passed one. The California law was enacted last fall. It is commonly called the “No Secret Police Act.” It contains legislative findings that masking creates fear and reduces transparency. It requires every “law enforcement agency operating in California” to have a publicly-available policy on the use of face coverings. The measure also makes it an “infraction or a misdemeanor” for an officer to “wear a facial covering that conceals or obscures their facial identity in [...]