A judge on Monday blocked California from enforcing a new law sharply limiting when federal agents can wear masks while engaged in deportation operations.
U.S. District Judge Christina Snyder rejected the Trump administration’s claim that ICE agents need to wear masks to prevent doxing. However, in a 30-page decision, the judge said California’s “No Secret Police Act” appears to violate the Constitution’s Supremacy Clause by discriminating against the federal government because the law’s provisions do not apply to state law enforcement officers.
“The Act treats federal law enforcement officers differently than similarly situated state law enforcement officers,” Snyder concluded.
But the judge also turned down the federal government’s request to block another California law aimed at abuses in immigration enforcement: the “No Vigilantes Act.” It requires most local, state and federal law enforcement personnel to display their name or badge number while on duty.
Snyder, a Clinton appointee based in Los Angeles, said that law is likely to pass constitutional muster because it applies more broadly, including to California officials. She also suggested the anti-masking law would be constitutional if it were broadened to cover state law enforcement as well.
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Democratic state Sen. Scott Wiener, who authored the mask ban, on Monday announced he would propose legislation adding state law enforcement to the law in response to the ruling. The lawmaker last year exempted state-level officers while applying the proposal to federal and local agencies amid intense opposition from law enforcement groups.
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