California lawmakers on Thursday approved a bill that would ban most law enforcement officers from covering their faces while performing official duties, sending the measure to Gov. Gavin Newsom’s desk amid controversy over recent immigration raids in the Los Angeles area.
The bill would prohibit neck gaiters, ski masks and other facial coverings for local and state officers while on duty, with exceptions for undercover work, approved tactical gear and medical masks such as N95 respirators. If signed by Newsom, who has roughly a month to act, it would be the first state law of its kind, though legal experts and lawmakers say questions remain about whether California can enforce the ban against federal agents operating in the state.
Supporters of the bill said it was prompted by federal immigration agents' practice of wearing masks and concealing their identities during recent enforcement actions in Southern California. Proponents cited a recent U.S. Supreme Court decision they said cleared the way for the federal government to resume broad immigration raids in Los Angeles and argued that the use of face coverings increased fear among residents and undermined public trust in law enforcement.
"How is anyone supposed to reasonably believe that they are law enforcement officers and not masked individuals trying to kidnap you?" Assemblymember Juan Carrillo, a Democrat who sponsored the bill, said ahead of the vote. "Imagine the absolute fear of being pulled over at gunpoint by a group of masked individuals."
Legal scholars cited by supporters said state rules can constrain federal employees in some circumstances. Erwin Chemerinsky, dean of the University of California, Berkeley, School of Law, wrote in an opinion piece that while a state cannot directly regulate the federal government, that does not mean federal employees can ignore state rules unless doing so would significantly interfere with their duties.
Republican lawmakers and several law enforcement organizations argued that the measure could endanger officers. "Bad guys wear masks because they don’t want to get caught. Good guys wear masks because they don’t want to get killed," state Sen. Kelly Seyarto, a Republican, said on the floor.
Officials in the Biden administration’s predecessor and current federal immigration agencies have defended the use of facial coverings in some operations, saying agents have faced increased harassment in public and online. Attorneys general and other state officials opposing the practice have said masked enforcement generates fear in immigrant communities and can hinder cooperation with police.
Federal immigration authorities have carried out raids in parts of Southern California since June, prompting protests and the federal deployment of National Guard troops and Marines to assist operations in some areas. The issue has also drawn attention in other states: similar bills have been introduced in Tennessee, Michigan, Illinois, New York, Massachusetts and Pennsylvania, and some Democratic lawmakers in Congress have proposed a federal ban on masked law enforcement during most operations.
Even if Newsom signs the bill, enforcement against federal personnel could be contested in court. Legal analysts say disputes over the division of authority between states and the federal government frequently lead to litigation, and the scope of any state restriction would likely be tested if state officials attempted to apply it to federal agents.
The bill’s passage marks a notable legislative response to the heightened tensions over immigration enforcement in California, reflecting a split between officials who view face coverings as a necessary safety measure for agents and those who see them as a source of public alarm. The governor has previously criticized masked federal agents in California while also expressing reservations about the state’s ability to regulate federal operations.