DHS says it will not comply with Newsom’s ban on masks for ICE agents

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CALIFORNIA – The Department of Homeland Security (DHS) condemned Governor Gavin Newsom on September 22 for signing the “No Secret Police Act.” 

The department argues the law endangers officers by preventing them from shielding their identities from cartels, criminals, terrorists, and online doxxing.

DHS said ICE officers have reported a more than 1,000% increase in assaults, including vehicle attacks and doxing campaigns against officers and their families.

“To be crystal clear: we will not abide by Newsom’s unconstitutional ban,” said DHS Assistant Secretary Tricia McLaughlin.

DHS says officers identify themselves

The new law bars most law enforcement officers in California — including ICE agents, from wearing masks during official duties. Supporters say it promotes transparency and accountability while helping prevent abuse, especially in immigrant communities.

DHS said officers “clearly identify themselves as law enforcement while wearing masks” during operations. 

“Our officers also wear vests marked with ICE/ERO or Homeland Security and are flanked by vehicles marked with the name of the department,” according to the news release.

Law expert defends the law

California’s ability to enforce the act against federal agents is uncertain since the Supremacy Clause generally allows federal law to override conflicting state laws.

UC Berkeley constitutional law scholar Erwin Chemerinsky defended the measure, writing that federal employees must follow state rules unless those rules significantly interfere with their duties.

“For example, while on the job, federal employees must stop at red lights,” he wrote in the Sacramento Bee.

RELATED: California Lawmakers Vote to Ban ICE Masks — Feds May Defy It

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