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California Gov. Gavin Newsom’s attempt to block authorities from wearing masks during immigration enforcement operations is facing legal scrutiny as critics push back on the governor’s effort to assert power over federal officers.
Newsom, a Democrat, signed a bill over the weekend that bans state and federal law enforcement from wearing masks on the job, a move that Trump administration officials decried as illegal and vowed to ignore. The bill is set to take effect in January.
“We don’t need to abide by this garbage,” a Department of Homeland Security spokesperson said on social media.
NEWSOM BANS LAW ENFORCEMENT FROM WEARING MASKS, TAUNTS ICE AGENTS: ‘WHAT ARE YOU AFRAID OF?’
Acting U.S. Attorney Bill Essayli of the Central District of California said on “Fox & Friends” on Monday he did not think Newsom’s bill was enforceable. Essayli, who has been in lockstep with the Trump administration on its aggressive immigration enforcement tactics in California, predicted Newsom would sue.
“I think what the governor might do is he might file a lawsuit,” Essayli said. “He might run to a judge to try to get some sort of order, but we’re very confident. The State of California does not and cannot have jurisdiction.”
Newsom’s measure was part of a string of bills the governor signed to counteract the Trump administration, which has, since the summer, been carrying out controversial immigration raids across California. The Supreme Court recently temporarily cleared the way for ICE authorities to continue conducting immigration stops at farms, car washes and other places where they suspect illegal immigrants might be. But the high court did not weigh in on the authorities’ garb, which at times has included identity-concealing masks and neck gaiters, according to videos.
“Unmarked cars, people in masks, people quite literally disappearing, no due process, no rights,” Newsom said, adding, “I’ll be signing a bill, the first in the nation, saying, ‘Enough, ICE, unmask, what are you afraid of?'”
LOS ANGELES COUNTY PUSHES TO PROHIBIT LAW ENFORCEMENT FROM HIDING THEIR IDENTITIES WHILE ON THE JOB
California-based attorney Neama Rahmani, a former federal prosecutor, told Fox News Digital that if courts end up weighing in on Newsom’s bill, they will likely raise the separation of powers and the supremacy clause, the part of the Constitution that says federal law trumps state law.
Rahmani said that while states can impose “reasonable restrictions” on federal law enforcement, such as traffic violations, dictating what the officers wear is different.
“You have the state imposing restrictions on the federal government, and those restrictions can really unduly interfere with their law enforcement functions, right?” Rahmani said. “The state is saying that unmasking these federal officials is necessary to restore public trust, but really it’s a safety issue, right? They can be doxed. Their families can be put at risk, so I can easily see this specific regulation being struck down by the courts.”
Essayli accused the governor of using what he described as a “silly” bill to try to “inflame the public.”
“You have this narrative that people are out there being kidnapped. It’s not true,” Essayli said. “They’re federal agents. They’re acting under federal law, and if he doesn’t like it he should change the law.”
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