The Trump administration has filed a lawsuit against Gov. Gavin Newsom, challenging a California law he recently signed that prohibits law enforcement officers from wearing masks, a practice that became common this year amid the president’s immigration crackdown.
The suit claims that the mask ban, and a companion measure requiring federal agents to wear identification, are unconstitutional because states do not have the power to regulate federal agencies. It says federal law enforcement agencies will not comply with the pair of state laws, which take effect on Jan. 1, and asks the court to strike them down.
“California’s anti-law enforcement policies discriminate against the federal government and are designed to create risk for our agents. These laws cannot stand,” Attorney General Pamela Bondi said in a statement.
Several states have introduced measures to ban masking by immigration agents, but California was the first to pass one into law.
The lawsuit comes as little surprise. Mr. Newsom himself said in July that he was “looking at the constitutionality” of the bill, months before signing it in September. Legal experts predicted it would be challenged in court, where numerous conflicts between California and the Trump administration are now playing out.
“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,” Izzy Gardon, a spokesman for Mr. Newsom, said in a statement.
Supporters have argued that the measure is constitutional because state and local governments can require federal agencies to follow general laws, such as speed limits. The mask law applies to both federal and local law enforcement agents in California.
Scott Wiener, a Democratic state senator who wrote the bill, vowed to fight to defend it.
“We see I.C.E. and other federal agents going into communities with these ski masks, just terrorizing communities, where you don’t even know if someone is an actual agent or not,” Mr. Wiener said in a video posted on social media.
“It causes fear, and it’s unacceptable in a democracy.”
The lawsuit claims that officers must have the option to shield their identities because of the threats and violence they face on the job. It cites a huge increase in assaults and death threats against officers, and says websites publish agents’ personal information “to harass and threaten them and their families.”
“Now is an extraordinarily dangerous time to serve in federal law enforcement,” the lawsuit said.
It contends that the California laws prohibiting officers from wearing masks and requiring that they display identification “would recklessly endanger the lives of federal agents and their family members and compromise the operational effectiveness of federal law enforcement activities.”
Because federal agencies will not comply with the laws, officers are at risk of criminal prosecution if the laws are not struck down, the suit says. It points to a statement last month by former House Speaker Nancy Pelosi, who said local police could arrest federal agents if they break California laws during immigration raids.
Laurel Rosenhall is a Sacramento-based reporter covering California politics and government for The Times.
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