Proposals to prohibit federal immigration agents from masking their faces have gained new life in states — thanks in part to a court ruling that blocked the nation’s first such law, in California.
A little over a month after the California law was suspended, Washington state’s Democratic governor, Bob Ferguson, was set to sign a law Thursday limiting facial coverings on law enforcement officers. It will take effect immediately and could soon spread to other states.
Similar anti-masking bills won final approval earlier this month from Democratic-led legislatures in Oregon and Virginia and have cleared at least one chamber in Hawaii, Maryland and Vermont. The proposals push back against President Donald Trump’s immigration enforcement tactics in which federal agents — some wearing masks — have swept up thousands of people for potential deportation, stirring criticism that the masks free them to act aggressively with impunity.
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A federal judge in February ruled that California’s mask ban discriminated against federal law enforcement officials because it applied to federal and local officers but not to state-level law enforcement officers. The ruling marked a victory for Trump’s administration, which challenged the California law. But it also laid out a pathway for states to make another attempt.
The new Washington measure restricts facial coverings for all federal, state and local law enforcement officers — a key distinction intended to avoid claims of discrimination against federal officials. Most bills pending in other states also would apply to all law enforcement officers.
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Washington’s new measure prohibits law enforcement officers from wearing facial coverings while interacting with the public, with exceptions for undercover and tactical team officers, religious purposes and medical masks. among other things. It includes no specific penalties. But it allows people detained by masked officers to sue them, seeking money for damages.
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A measure passed last week in Virginia provides an incentive for law enforcement agencies to adopt policies restricting facial coverings. Officers who violate the state ban could face misdemeanor charges punishable by up to 12 months in jail and a $2,500 fine. But if their agency has a policy on facial coverings, any violations would be handled by that agency instead of resulting in state charges.
The Virginia measure was sponsored by Democratic state Sen. Saddam Azlan Salim, who came to the U.S. from Bangladesh as a child and has since become a citizen.
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