DOJ Sues California Over 'Unconstitutional' Federal Agent Mask Ban, ID Requirement

The Department of Justice has filed a lawsuit against California and its officials in response to legislation that pushes for the unmasking of federal agents, as well as outlines identification requirements, federal prosecutors announced Monday.

The lawsuit, filed against California, Governor Gavin Newsom, and Attorney General Robert Bonta, challenges the state's recently passed No Secret Police Act and No Vigilantes Act, arguing the laws as unconstitutional, prosecutors said in a news release.

"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 Pamela Bondi said in the release. "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 an emailed statement to Patch, Diana Crofts-Pelayo, Deputy Director of Communications for the Office of Governor Gavin Newsom said, "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."

“We'll see the U.S. Department of Justice in court," Crofts-Pelayo said.

The laws, passed in late September, are set to take effect in January.

The No Secret Police Act, or State Bill 627, has a number of provisions, including making it “it a crime for a law enforcement officer to wear a facial covering in the performance of their duties, except as specified.”

The No Vigilantes Act, or State Bill 805, requires that a “law enforcement officer operating in California that is not uniformed to visibly display identification that includes their agency and either a name or badge number to the public when performing their enforcement duties, except as specified.”

The lawsuit, filed in the United States District Court for the Central District of California, argues the laws violate the Supremacy Clause, which prohibits state control over federal operations.

“The Federal Government does not intend to comply with the challenged laws,” the lawsuit says.

In an emailed statement to Patch, Bonta said his office is reviewing the complaint and defended the laws.

“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," the statement said.

Prosecutors, however, argue that “the laws threaten the safety of federal officers who have faced an unprecedented wave of harassment, doxxing, and even violence.”

“Threatening officers with prosecution for simply protecting their identities and their families also chills the enforcement of federal law and compromises sensitive law enforcement operations,” the prosecutor said. “The danger is acute.”