Photo: Alamy
The Department of Homeland Security said Monday it will not require Immigration and Customs Enforcement (ICE) officers to comply with California’s new ban on face coverings, setting up a showdown with Democratic Gov. Gavin Newsom’s administration.
Newsom signed the legislation on Saturday, prohibiting ICE agents and other law enforcement personnel from wearing face coverings, such as neck gaiters or ski masks, while on duty in the state of California. The law makes exceptions for individuals with medical conditions and for tactical units such as SWAT teams.
“To be clear: We will NOT comply with Gavin Newsom’s unconstitutional mask ban,” Homeland Security posted to X on Tuesday.
“At a time that ICE law enforcement faces a 1,000% increase in assaults and their family members are being doxxed and targeted, the sitting Governor of California signed unconstitutional legislation that strips law enforcement of protections in a disgusting, diabolical fundraising and PR stunt,” it continued.
The bold words followed the ongoing controversy that began on Monday.
“Governor Gavin Newsom is fanning the flames of division, hatred and dehumanization of our law enforcement,” Assistant DHS Secretary Tricia McLaughlin told the Daily Caller.
Acting U.S. Attorney Bill Essayli also spoke out against Newsom’s latest effort.
“We’re not going to follow it,” Essayli said. “The law has no force or effect on federal agencies. The State of California has no jurisdiction to regulate anything that we do in the federal government and I’ve instructed our agents to disregard it.”
The law, set to take effect in January, aims to make officers more identifiable for accountability purposes. State officials say visible identification will protect residents during enforcement actions.
“To ICE, [which is] unmasked. What are you afraid of,” Newsom said on Saturday. “You’re gonna do enforcement? Provide an ID.”
But DHS and ICE officials argue that removing masks places officers at greater risk amid heightened threats, particularly after recent immigration raids nationwide. Federal authorities generally are not bound by state laws, raising questions about how California can enforce the measure.