Customs and Border Protection officers obscured their faces with masks during enforcement operations in Bell, California, in June. | Etienne Laurent/AFP via Getty Images
The Justice Department is suing to block two California laws passed in response to the aggressive enforcement tactics immigration officials have used in the state since President Donald Trump returned to office in January.
The lawsuit, filed Monday in federal court in Los Angeles, contends that two state laws Democratic Gov. Gavin Newsom signed in September violate the Constitution’s Supremacy Clause by attempting to regulate the activities of federal officials.
One of the challenged laws, SB 627, forbids federal law enforcement officers from wearing masks as they work. The other, SB 805, requires federal agents who are not in uniform to wear visible identification during operations. Both include exceptions, including for undercover operations.
Supporters of the laws say they are needed to provide accountability for immigration agents who have used excessive force, made unlawful arrests and threatened citizens exercising their First Amendment rights to protest Trump’s mass deportation campaign. Opponents, including top Trump administration officials, say the laws are aimed at making it easier for activists to intimidate federal law enforcement personnel.
“Law enforcement officers risk their lives every day to keep Americans safe, and they do not deserve to be doxed or harassed simply for carrying out their duties,” Attorney General Pam Bondi said in a statement. “California’s anti-law enforcement policies discriminate against the federal government and are designed to create risk for our agents. These laws cannot stand.”
In its 16-page complaint, the Trump administration says that it “will not comply” with the state statutes. However, Justice Department lawyers say the measures — which take effect Jan. 1 — “have the purpose and likely effect of impeding federal law enforcement in the State of California” by causing federal officers to fear they could face prosecution in state courts.
“If enforced against the Federal Government, the laws would recklessly endanger the lives of federal agents and their family members and compromise the operational effectiveness of federal law enforcement activities,” the lawsuit says.
“If the Trump administration cared half as much about public safety as it does about pardoning cop-beaters, violating people’s rights, and detaining U.S. citizens and their kids, our communities would be much safer,” a spokesperson for Newsom said. “We’ll see the U.S. Department of Justice in court.”
“It’s problematic when Californians can’t tell the difference between a law enforcement officer who is charged with protecting them and a criminal who is attempting to cause them harm,” California Attorney General Rob Bonta said. “The FBI itself has warned that the practice of ICE agents wearing masks to obscure their identity has led to a rise in copycats committing crimes, threatening public safety and eroding trust in law enforcement. My office is responsible for defending the laws of California, and we will do so here.”
The Trump administration’s complaint notes that in June Newsom cast doubt on the legal validity of the legislation under discussion at that time. “We’re looking at the constitutionality of it. And it appears that we don’t have the legal authority for federal agents,” Newsom said during an interview with podcaster Justin Kanew.
California and federal officials have been at loggerheads in court over immigration-related policies for years. Earlier this year, Newsom sued unsuccessfully to block Trump from deploying National Guard troops to protect immigration enforcement operations and federal buildings in Los Angeles.
California has also joined an Oregon lawsuit against Trump’s attempt to use National Guard soldiers to control anti-ICE protests in Portland. That case has effectively halted use of the troops for weeks, reportedly prompting the administration to move to return 200 California troops to their home state.
In 2018, during Trump’s first term, the Justice Department sued California over three sanctuary-related state laws. An appeals court ruled that two of the three laws were likely constitutional but told a district court judge to reexamine one of the statutes. The Trump administration appealed that ruling to the Supreme Court, but it declined to take up the case.