DOJ Files Lawsuit Against California To Protect Federal Immigration Officers

The U.S. Department of Justice has filed a lawsuit (see below) against California, Governor Gavin Newsom, and Attorney General Robert Bonta challenging legislation to regulate federal law enforcement officers through the so-called “No Secret Police Act” and “No Vigilantes Act.” Both laws were signed by Governor Newsom two months ago in response to federal immigration enforcement operations throughout the sanctuary state, home to at least two million undocumented foreign nationals.

California’s “No Secret Police Act” (Senate Bill 627) bans law enforcement officers from wearing face coverings. The Act aims to increase accountability and transparency by requiring officers to clearly display identification, insignia, and agency information to prevent impersonation and terror.

Senator Scott Weiner (D-San Francisco) sponsored SB627 and referred to his bill as “landmark” legislation to ban “extreme masking” by local and federal law enforcement, justified by “rising fascism.” “The ‘No Secret Police Act’ is the first of dozens of proposals at the local, state, and federal level to unmask law enforcement officers acting with impunity,” Wiener remarked.

Upon signing the legislation, Newsom’s office announced, “Standing alongside leaders of communities terrorized by Trump’s lawless raids across Southern California, Governor Gavin Newsom today signed a groundbreaking package of bills to respond to federal overreach and push back against Trump and Stephen Miller’s ‘secret police’ tactics in California. The new laws make California the first state in the nation to prohibit federal law enforcement officers, including ICE, from hiding their identities, and make it less likely that federal immigration enforcement officers target children in classrooms and patients in hospitals.”

The “No Vigilantes Act,” Senate Bill 805 requires ICE, Border Patrol, and Homeland Security agents operating in California to clearly identify themselves while conducting operations.

Upon its passage, California Assembly Speaker Robert Rivas chimed in, referring to ICE agents as “Donald Trump’s secret police,” and said they “are terrorizing hardworking Californians — but Democrats are fighting back to keep our communities safe from Trump’s heartless and illegal ICE raids. Secret police are un-American. These new laws make it clear: Show some ID, masks off. We will fight as long as it takes to protect California.”

The DOJ argues these laws could endanger officers and their families by making them vulnerable to doxxing and retaliation and that the laws are unconstitutional in violation of the Supremacy Clause.

“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,” said Attorney General Pamela Bondi. “California’s anti-law enforcement policies discriminate against the federal government and are designed to create risk for our agents. These laws cannot stand.”

“Not only are the laws illegal attempts to discriminate against and regulate the federal government, but, as alleged in the complaint, the laws threaten the safety of federal officers who have faced an unprecedent 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 danger is acute,” the DOJ stated in a press release.

“The Department of Justice will steadfastly protect the privacy and safety of law enforcement from unconstitutional state laws like California’s,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division.

“Assaults against federal agents have exploded over the last few months, thanks in part to recklessness political rhetoric aiming to delegitimize our brave agents,” said First Assistant United States Attorney Bill Essayli of the Central District of California. “Unconstitutional laws such as this one further endanger our brave men and women protecting our community. Our immigration enforcement will continue unabated and unhindered by unconstitutional state laws enacted by irresponsible politicians.”