Federal judge blocks California mask ban for feds, upholds identification law

A federal judge ruled on Monday that, as it is written, California cannot enforce the No Secret Police Act, a law barring federal law enforcement, including immigration enforcement officials, from covering their faces while on duty.

U.S. District Judge Christina Snyder decided that the law does in fact violate the Supremacy Clause of the Constitution, which gives federal law precedence over state law. Senate Bill 627, was introduced last year following a wave of Department of Homeland Security enforcement operations that were largely carried out by unidentifiable masked agents.

Snyder said that because the law does not also apply to state law enforcement, it discriminates against the federal government.

The judge, a Clinton appointee, has not yet filed a preliminary injunction against the bill, however, writing that “federal officers can perform their federal functions without wearing masks.”

This distinction leaves the door open for new legislation to be introduced that widens the scope of SB 627 to include state law enforcement. Sen. Scott Wiener (D-11), one of the authors of the bill, has already announced he plans to do just that.

“SB 627 currently applies to federal and local officers only. We crafted SB 627 in consultation with constitutional law experts,” Wiener said in a statement. “Based on communications with the Governor’s office, we removed state police from the bill. Now that the Court has made clear that state officers must be included, I am immediately introducing new legislation to include state officers. I will do everything in my power to expedite passage of this adjustment to the No Secret Police Act.”

Senate Bill 805, the No Vigilantes Act, requires law enforcement to visibly display identification while they are on duty. Snyder sided with the state on this point, saying the law does not violate the Supremacy Clause and does not regulate the federal government.

“A federal court upheld California’s law requiring federal agents to identify themselves – a clear win for the rule of law,” Governor Gavin Newsom said in a statement. “No badge and no name mean no accountability. California will keep standing up for civil rights and our democracy.”

Newsom signed both bills into law in September and the Trump administration swiftly filed a lawsuit in November challenging the two laws. The government argues the laws impede law enforcement’s ability to do their job, putting their safety at risk.

Since the identification law is being allowed to move forward and new legislation will be introduced to strengthen enforceability of SB 627, California Democrats are taking the ruling as a win.

“On behalf of the California Latino Legislative Caucus, we thank [Snyder] for upholding the No Vigilantes Act, which protects the rights and safety of our communities,” said California Latino Legislative Caucus Chair Sen. Lena Gonzalez (D-33) in a statement.

“This authoritarian government has killed innocent civilians and acted with shameless disregard for our basic laws,” she said. “With every violation, this federal administration is eroding public trust and jeopardizing public safety. Today’s ruling is a step in the right direction. However, there is more work to do to hold these officers accountable.”