Democrat Gov Candidate Pledges Criminal Charges, Licence Revocation for ICE Agents Wearing Masks in California

California's Mask Ban Takes Effect

A California law banning ICE officers from wearing masks whilst conducting operations in the state went into effect on Thursday. Upon signing the legislation in September, California Governor Gavin Newsom said that ICE officers would no longer be 'hidden from accountability'. The Democrat described masked federal agents as 'secret police' operating in unmarked vehicles, comparing the situation to 'a dystopian Sci-Fi movie'.

The Department of Homeland Security vowed not to comply with the measure, whilst the Trump administration filed suit against the ban in November, arguing it is unconstitutional. Bill Essayli, the first assistant US Attorney for the Central District of California, doubled down on it, saying 'We're not going to follow it. The law has no force or effect on federal agencies.

On 9 December, the California government agreed not to enforce the measure until US District Judge Christina Snyder ruled on the federal government's request for a preliminary injunction. Snyder denied the request on 22 December, with the next hearing in the case scheduled for 12 January.

'You Have to Go on Offense'

When asked by MS NOW host Jason Johnson what he would bring to the table as California governor, Swalwell outlined an aggressive stance against federal immigration enforcement. 'You have immense powers as governor of California and your responsibility to protect the most vulnerable in the state', the Democrat said. 'So if the president is going to send ICE agents to chase immigrants through the fields where they work, what I'm going to do is make sure that they take off their masks and show their faces, that they show their identification'.

'And if they commit crimes that they're going to be charged with crimes', Swalwell continued. 'If it's falsely imprisoning people, if it's kidnapping, if it's assault battery, they're going to be held accountable... There's a lot you can do, but most importantly, you have to go on offense. Otherwise, the most vulnerable in our community will always be on defense'.

Federal Authority Versus State Power

Constitutional law professor Jonathan Turley criticised Swalwell's proposals as unconstitutional. 'In case it matters to anyone left in California, he cannot do this. Seizing federal agents sort of went out of constitutional style after the Civil War', Turley wrote. 'The "immense powers as governor of California" do not include dictating what federal officers can wear on their faces or bodies'.

The first barrier to Swalwell's proposals, Turley explained, is the Supremacy Clause, which prevents states from 'interfering with or controlling the operations of the Federal Government'. He cited United States v Washington (2022) and noted that since McCulloch v Maryland in 1819, the Supreme Court has consistently struck down state laws that impede federal enforcement.

'Moreover, immunity under the Supremacy Clause bars criminally charging officials who are properly carrying out their lawful federal duties', Turley added.

Beyond the constitutional hurdles, the proposals also face practical enforcement challenges, as California would need cooperation from local law enforcement agencies to implement such measures. Many of these agencies have expressed opposition to policies that could endanger officers' safety.

Surge in Federal Immigration Enforcement

The Trump administration has surged federal immigration enforcement in California since President Trump returned to office last January. As of 2023, roughly 2.25 million undocumented immigrants lived in California, the most of any state in the country, according to the Pew Research Center.

Migrant communities in Los Angeles protested in June against ICE raids, prompting Trump to deploy the California National Guard and Marines over Newsom's objections. In September, a federal judge ruled the president's move was unconstitutional.

The Department of Homeland Security has defended the use of masks by federal agents, stating in a September press release that ICE officers are facing a more than 1,000 per cent increase in assaults, including vehicles being used as weapons and doxing campaigns targeting officers and their families.

'When our heroic law enforcement officers conduct operations, they clearly identify themselves as law enforcement whilst wearing masks to protect themselves from being targeted by highly sophisticated gangs', the department stated.