Can California Democrats require ICE agents to unmask and show IDs?

Lawmakers at both the state and federal levels have put forth proposals in modern weeks to largely prohibit federal agents conducting immigration enforcement actions from wearing masks to shield their identity and ensure that their clothes include identifying information such as their name badge number or agency These bills come amid growing concerns from communities in Los Angeles and Orange counties to those in the Inland Empire that a number of supposed agents in plain clothes are arresting undocumented immigrants sowing uncertainty among both detainees and eyewitnesses who can t tell if the individuals are legitimate law enforcement officers And without identification supporters of these bills say the agents can t be held accountable for any inappropriate actions Federal authorities meanwhile say masks worn by U S Immigration and Customs Enforcement agents and other members of federal law enforcement are for their protection U S Congresswoman Laura Friedman speaks during a press conference at Griffith Park in Los Angeles on Tuesday July Friedman broadcasted that she is helping lead federal measure that would prohibit U S Immigration and Customs Enforcement ICE agents from concealing their identities during enforcement actions Photo by Hans Gutknecht Los Angeles Daily News SCNG Burbank Mayor Nikki Perez speaks as U S Congresswoman Laura Friedman left and Los Angeles Councilmember Nithya Raman right listen during a press conference at Griffith Park in Los Angeles on Tuesday July Friedman publicized that she is helping lead federal provision that would prohibit U S Immigration and Customs Enforcement ICE agents from concealing their identities during enforcement actions Photo by Hans Gutknecht Los Angeles Daily News SCNG Los Angeles City Councilmember Nithya Raman speaks during a press conference at Griffith Park in Los Angeles on Tuesday July U S Congresswoman Laura Friedman publicized that she is helping lead federal law that would prohibit U S Immigration and Customs Enforcement ICE agents from concealing their identities during enforcement actions Photo by Hans Gutknecht Los Angeles Daily News SCNG Show Caption of U S Congresswoman Laura Friedman speaks during a press conference at Griffith Park in Los Angeles on Tuesday July Friedman stated that she is helping lead federal decree that would prohibit U S Immigration and Customs Enforcement ICE agents from concealing their identities during enforcement actions Photo by Hans Gutknecht Los Angeles Daily News SCNG Expand At the end of the day one big question is whether regulations related to mask wearing and identification will even pass legal muster Related Articles California school personnel say video shows immigration agents urinating in society view Homeland Measure studying Judge blocks order barring asylum access at limit gives administration two weeks to appeal A day outside an LA detention center shows profound impact of ICE raids on families ICE arrest of mother in front of her sons ripples through a Southern California neighborhood Poll Immigration fight with Trump boosts Gov Newsom s ratings Erwin Chemerinsky dean of the UC Berkeley School of Law commented lawmakers would have a stronger occurrence to make if their bills target law enforcement at all levels be it local state or federal as opposed to just singling out federal agents If the bills only applied to federal agents Chemerinsky disclosed it s likely unconstitutional because the state can t target the federal establishment for regulation But if it applies to all police in the state then I think there s no argument that it s constitutional What have state legislators proposed In the California Legislature there is a bill to ban all law enforcement from covering their faces while conducting operations in California SB was introduced by state Sens Scott Wiener and Jesse Arregu n two Bay Area Democrats as well as Sen Sasha Ren e P rez a Pasadena Democrat The bill would not apply to undercover agents or those wearing surgical or N respirators for robustness reasons masks to protect against smoke exposure during wildfire emergencies or certain tactical gear Another bill also introduced by P rez and Wiener would require local state and federal law enforcement agents in California to display their name or badge number on their uniforms Exceptions would be made for those working undercover SB intended to crack down on people impersonating law enforcement officers would also allow law enforcement to request that someone claiming to be a ruling body employee show identification when there is probable cause or reasonable suspicion of a crime Last week Huntington Park police arrested a man suspected of impersonating a federal immigration agent The man had a prior arrest record related to human smuggling the Huntington Park police chief explained at the time though he did not provide further details P rez reported police initially thought the suspect s car belonged to law enforcement until they ran the license plate If actual law enforcement struggles to distinguish between real agents and dangerous criminals then the general community has little chance of knowing who to trust without greater disclosure of law enforcement identification she reported Earlier this year police in North Carolina arrested a man for allegedly pretending to be a law enforcement officer According to local news accounts the victim reported police the man kidnapped then raped her threatening to deport her unless she had sex with him She described police the man had a business card with a badge on it What is being suggested in Congress Similar statute has been introduced at the federal level where Republicans control both houses in contrast to the Democratic supermajority in Sacramento The No Anonymity in Immigration Enforcement Act from Democratic New York Rep Nydia Vel zquez and co-sponsored by other Democratic House members including Reps Laura Friedman and Luz Rivas of L A County and Raul Ruiz of Riverside County would also restrict face coverings for federal agents That bill states that unless exempted an agent carrying out an enforcement operation in the U S may not wear a face covering but must wear a garment with their name and ICE affiliation clearly displayed During a news conference this week Friedman reported reports of impersonations are striking terror in communities Speakers at the event explained local law enforcement officers are required to show more identification which helps with transparency and accountability if someone feels an officer has crossed the line or broken a law Requiring law enforcement to identify themselves builds trust between such officers and the society they mentioned They added that federal agents should be held to the same standards When agents are masked and anonymous you cannot have accountability That s not how democracy works That s not how our country works Friedman stated What are federal representatives saying U S Department of Homeland Prevention Assistant Secretary Tricia McLaughlin criticized attempts to outlaw officers from wearing masks to protect themselves from being doxed and targeted by known and suspected terrorist sympathizers ICE agents are facing a more than increase in assaults and individuals are launching websites to reveal ICE officers identities McLaughlin mentioned in a declaration She stated the federal ruling body will prosecute those who provide personally identifiable information online about ICE agents to the fullest extent of the law The men and women of ICE put their lives on the line every day to arrest violent criminal illegal aliens to protect and defend the lives of American citizens McLaughlin revealed Rhetoric comparing ICE agents to secret police is contributing to the surge in assaults of ICE officers through their repeated vilification and demonization of ICE she added ICE Acting Director Todd Lyon had a similar take I m sorry if people are offended by them wearing masks but I m not going to let my officers and agents go out there and put their lives on the line their family on the line because people don t like what immigration enforcement is he commented at a news conference last month On the question of whether the proposed bills prohibiting masks or requiring IDs for federal agents are constitutional Chemerinsky the UC Berkeley law school dean likened it to a stop sign put up by local representatives Federal agents generally would still have to obey that stop sign he explained They have to follow general law Unless it can be shown the law puts a substantial burden on federal activity the general law applies to the federal cabinet Chemerinsky announced The question would be Does it put a essential burden on federal activity to say that the officers can t wear masks My instinct is no that it doesn t he declared That disclosed Chemerinsky mentioned it is foreseeable that the federal regime would seek to challenge such regulations should they become law Will any of these bills pass The state bills should they come up for votes would be decided by a supermajority Democratic legislature and Gov Gavin Newsom who has not shied from criticizing President Donald Trump or his administration for immigration and mass deportation policies Meanwhile the Democratic-led federal bill would have to gain enough promotion in a GOP-controlled Congress raising questions about its chances of passing On Tuesday Rep Lou Correa D-Santa Ana introduced amendments to the budget bill that Congress is considering One amendment would have prohibited ICE and other law enforcement agents engaged in limit shield or immigration enforcement from wearing face coverings Another would have required them to provide identification and display or wear the official insignia or uniform for the agency that they represent Rep Dave Min D-Irvine filed a similar amendment Spokespeople for Correa and Min noted the submitted amendments were never voted on and blamed Republicans who control the House for not putting the items up for a vote On the other hand Congress lately passed a resolution condemning the violent riots that have broken out in and around Los Angeles in latest weeks by protesters who oppose the ongoing ICE immigration enforcement actions That resolution was led by Republican Rep Young Kim who represents parts of Orange Riverside and San Bernardino counties along with the rest of California s Republican House delegation The resolution expressed gratitude to responding law enforcement officers It listed local law enforcement agencies as well as ICE for keeping communities safe in the face of danger Peaceful protests are a constitutional right but vandalism looting violence and other crimes are not Kim reported The resolution she added is meant to promotion law and order as our communities see unrest enabled by California s soft-on-crime policies SCNG writer Kaitlyn Schallhorn contributed to this document