About the New California "No Mask for You!" Law Banning ICE from Wearing Masks
California just passed a new law that prohibits law enforcement, including ICE, from wearing masks while on duty. And when I say “just”, as in, Governor Newsom signed it *today*.
[A pdf of the full text of the law is included below for Notes from the Front members.]
The law, being referred to as “The No Secret Police Act”, which is certainly a sexier name than it’s real name, which is "An act to add Chapter 17.45 (commencing with Section 7289) to Division 7 of Title 1 of the Government Code, and to add Section 185.5 to the Penal Code, relating to law enforcement: SB 627 Law enforcement: masks”, or just “SB 627” for short, is written to apply to both local and federal law enforcement.
The new law takes effect in January, and will almost certainly face legal challenges as it’s entirely unclear whether a state law can control the attire of federal law enforcement workers when they’re on the clock, performing their duties.
In addition to California’s new law, other states, including New York, Illinois, and Massachusetts, are looking at enacting similar laws.
Said Newsom during the bill signing, “The impact of these policies all across this city, our state and nation are terrifying. It’s like a dystopian sci-fi movie - unmarked cars, people in masks, people quite literally disappearing.”
In the lawsuit that is sure to come, the state will likely argue state sovereignty and to point out that federal workers are still required to follow all state laws. Plus, as Governor Newsom says, federal agents have operated for years and years unmasked; this paradigm of masking is “a new construct conceived to terrorize our diverse communities.” That’s a mouthful, but an accurate mouthful.
For the administration’s part, they will likely argue that federal supremacy, and that masks hiding the identity of ICE and other federal agents are necessary for their safety. To which the state will point out that no other law enforcement personnel operating in California mask, and that, again, neither did ICE agents until just this year.
I would also be remiss if I didn’t point out the hypocrisy of the federal government refusing to issue a mask mandate for the protection of the people when Covid was killing thousands of people a day, but insisting on masks when it’s their people who need protection while terrorizing thousands of people a day.
The law does make exceptions, including for
Approved undercover assignments
SWAT teams
translucent or clear masks
motorcycle helmets
eyewear to protect against retinal weapons
N95 medical or surgical mask
breathing apparatuses necessary to protect against toxins, gas, and smoke
masks to protect against inclement weather
masks for underwater operations.
Below is the first part of the text of the law. Notes from the Front members, the entire law is attached as a pdf, and I have to tell you that I went through a lot of effort to find the actual text of the actual law, and then create a pdf for you. So if you’re not going to read it, please don’t tell me. :~)
SB 627: Law enforcement: masks.Session Year: 2025-2026 House: Senate
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) That the routine use of facial coverings by law enforcement officers has significant implications for public perception, officer-community interactions, and accountability.
(b) Whether intended or not, members of the public may experience fear or intimidation when approached by officers whose faces are obscured. This perception can heighten defensive behaviors and unnecessarily escalate situations.
(c) Facial coverings limit the visibility of facial expressions, which are essential components of nonverbal communication. In high-stress or emotionally charged interactions, the inability to read an officers expression may lead to misinterpretation of tone or intent, increasing the risk of conflict escalation.
(d) The visibility of an officers face is vital for promoting transparency, facilitating communication, and building trust between law enforcement agencies and the communities they serve.
(e) When officers are not readily identifiable, it increases the risk of impersonation by unauthorized individuals, which further undermines public trust, endangers public safety, and hinders legitimate law enforcement operations.
(f) The use of facial coverings by law enforcement should not obscure officer identity or hinder accountability, nor should those coverings be used in a manner that enables or conceals discriminatory or unlawful conduct. SEC. 2.Chapter 17.45 (commencing with Section 7289) is added to Division 7 of Title 1 of the Government Code, to read: 17.45.Law Enforcement Policies 7289.