The Trump administration directed federal agents on Friday to disregard a new California law requiring them to remove face masks, particularly while conducting immigration enforcement operations.
The wearing of masks by federal agents, often Immigration and Customs Enforcement agents, has been a constant source of complaints from left-wing figures during President Donald Trump’s second term. Last week, Gov. Gavin Newsom (D-CA) signed into law a bill dubbed the “No Secret Police Act,” prohibiting most law enforcement from wearing masks while carrying out their duties. In a memorandum, acting U.S. Attorney for the Central District of California Bill Essayli told federal law enforcement heads to disregard the law.
“The law is well-settled that, under the Supremacy Clause, state officials cannot control the actions of federal law enforcement officers and an attempt to do so is unconstitutional,” Essayli wrote.
He quoted the 1920 case Johnson v. Maryland, which held that state laws cannot control the conduct of a marshal of the U.S. acting “under and in pursuance of the laws” of the United States.
“Because California cannot direct and impede the actions of federal law enforcement, and federal law enforcement has determined that protecting the identity of federal law enforcement officers is necessary in some circumstances for their safety while enforcing federal law, I direct federal law enforcement to continue to comply with federal law and follow their agency policies on the appropriateness of wearing masks when conducting law enforcement operations,” Essayli wrote.
“Any state official or private individual that unlawfully interferes or impedes federal law enforcement operations should be referred to my office for prosecution,” he concluded.
The move, largely expected, renders the California law toothless.
ICE agents and other federal law enforcement officials have adopted masking during Trump’s second term to protect their identities and those of their families, something made all the more urgent amid surging threats and violence against ICE agents. This was illustrated on Wednesday, when 29-year-old gunman Joshua Jahn opened fire at an ICE facility in Dallas, Texas. Though messages on the bullet casings and personal notes revealed the attack was meant to target ICE officers, the FBI said, he only hit detainees, killing one.
NEWSOM SIGNS BILL BANNING ICE AGENTS FROM WEARING FACE COVERINGS
The California anti-masking law aimed to penalize ICE and other federal agents wearing masks with an infraction or misdemeanor. Newsom taunted ICE agents in a press conference before the bill’s signing.
“To ICE, unmask. What are you afraid of?” he said. “You’re gonna do enforcement? Provide an ID.”
