The federal government is suing California over new police transparency laws

Sacramento – The US Justice Department on Monday blocked newly passed laws in California that would have banned law enforcement officials, including federal immigration agents, from wearing masks and required them to identify themselves.

The laws, passed by the California Legislature and signed by Governor Gavin Newsom, come in the wake of the Trump administration’s immigration raids in California, when masked, unidentified federal officers jumped out of cars this summer as part of the president’s mass deportation program.

Attiy Gen. Pamela Bundy said the laws are illegal and put federal officers at risk.

“California’s anti-law enforcement policies discriminate against the federal government and are designed to create danger for our agents,” Bundy said in a statement. “These laws cannot stand.”

The governor recently signed Senate Bill 627, which prohibits federal officers from wearing masks during enforcement duties, and Senate Bill 805, which requires federal officers to clearly display their name or badge number while operating without a uniform. Both measures were introduced as a response to the Trump administration’s aggressive immigration raids, often carried out by masked agents in plainclothes and unmarked vehicles.

The lawsuit, which names California Gov. Gavin Newsom and State Atty. Gen. Rob Bonta, a defense attorney, insists the laws are unconstitutional because only the federal government has the authority to control its agents and any requirements regarding their uniforms. It further argues that federal agents must sometimes conceal their identities because of the nature of their work.

“Given the personal threats and violence that agents face, federal law enforcement agencies allow their officers to choose whether to wear a mask to protect their identity and provide an additional layer of security.” “Denying federal agencies and officers that choice will undermine federal law enforcement and discourage applicants for law enforcement positions.”

Federal agents will not comply with any laws, according to the lawsuit.

“The federal government would be harmed if forced to comply with any law, and face the real threat of criminal liability for noncompliance.” “Accordingly, the challenged statutes are invalid under the Supremacy Clause and their application to the federal government must be enjoined prima facie and permanently.”

Newsom previously said it was unacceptable for “undercover police” to take people off the streets, and that new laws were needed to help people distinguish between fraudsters and legitimate federal law enforcement officers.

The governor, however, acknowledged that the law could use more detail on safety gear and other exemptions. He directed lawmakers to work on a follow-up bill next year.

In a statement Monday, Sen. Scott Weiner (D-San Francisco), who introduced SB 627, said the FBI recently warned that “undercover police tactics” undermine public safety.

“Despite what the bullies may claim, no one is above the law,” Weiner said. “We’ll see you in court.”