Federal government suing California over new police transparency laws
SACRAMENTO — US Department of Justice A lawsuit was filed against California On Monday, action was taken to block new laws banning law enforcement officials, including federal immigration officers, from wearing masks and requiring them to identify themselves.
The laws, passed by the California Legislature and signed by Gov. Gavin Newsom, follow the Trump administration’s immigration raids in California, which saw masked, unidentified federal officers jump out of vehicles this summer as part of the president’s mass deportation program.
Lawyer. Gen. Pamela Bondi said the laws are unconstitutional and endanger federal officials.
“California’s anti-law enforcement policies discriminate against the federal government and are designed to create risks for our agents,” Bondi 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 non-uniformed federal officers to visibly display their name or badge number during operations. Both measures were implemented in response to the Trump administration’s aggressive immigration raids, often carried out by masked agents in plainclothes and in unmarked cars.
The lawsuit names California Governor Gavin Newsom and state Atty. Gen. Rob Bonta, a defendant, argues that the law is unconstitutional because only the federal government has the authority to control its agents and the requirements for their uniforms. He also argued that federal agents are required to conceal their identities at times due to the nature of their jobs.
“Given the personal threats and violence agents face, federal law enforcement allows its officers to choose whether to wear masks to protect their identities and provide an extra layer of security,” the lawsuit states. “The denial of this selection by federal agencies and officials will alienate federal law enforcement and deter applicants for law enforcement positions.”
Federal agents will not comply with either law, the lawsuit states.
“The Federal Government would be harmed if it were forced to comply with any of the Acts and would also face harm because of the very real threat of criminal liability for failure to comply,” the lawsuit states. “Accordingly, the challenged laws are invalid under the Supremacy Clause and their application to the Federal Government should be temporarily and permanently barred.”
Newsom has previously said it is unacceptable for “secret police” to pick people off the streets and that new laws are needed to help the public distinguish between crooks and legitimate federal law enforcement officers.
But the governor acknowledged the legislation may require further clarification on safety equipment and other exemptions. He instructed lawmakers to work on a follow-up bill next year.
Sen., who introduced SB 627. Scott Wiener (D-San Francisco) said Monday that the FBI recently warned that “undercover police tactics” were undermining public safety.
“Despite the claims of these so-called authoritarians, no one is above the law,” Wiener said. “See you in court.”
