• Senate Bill 627 prohibits most law enforcement officers from wearing face coverings while on duty in California starting January 1, 2026
• Trump administration filed lawsuit claiming law violates Constitution’s Supremacy Clause and endangers federal agents
• Governor Gavin Newsom signed legislation in September responding to masked federal immigration raids across state

SACRAMENTO, CA (TDR) — California became the first state in the nation to prohibit most law enforcement officers from concealing their faces while on duty, implementing a groundbreaking law Wednesday that has already triggered a constitutional battle with the Trump administration.

Senate Bill 627, known as the “No Secret Police Act,” took effect January 1 despite federal opposition and a pending lawsuit challenging the restrictions. The legislation bans ICE agents, local police and other officers from wearing ski masks, balaclavas and similar coverings that obscure their identities during enforcement operations.

“As this authoritarian regime seeks to demolish our constitutional rights and engages in a straight up terror campaign, California is meeting the Trump Administration’s secret police tactics with strength and defiance,” State Senator Scott Wiener, the bill’s author, said after Governor Gavin Newsom signed the measure September 20.

Law Targets Federal Immigration Enforcement

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The legislation emerged from widespread concern over masked federal agents conducting immigration raids across California. Lawmakers cited instances where heavily armed officers in tactical masks detained individuals, creating confusion about whether they were legitimate law enforcement or criminals impersonating agents.

“When law enforcement wears ski masks in communities, that terrorizes communities,” Wiener told reporters. “Law enforcement should never be easily confused with the guy in the ski mask robbing a liquor store, yet that’s what’s happening with ICE’s extreme masking.”

The law applies broadly to peace officers employed by cities, counties and local agencies, as well as federal law enforcement officers and out-of-state officers operating in California. Violations can result in misdemeanor charges, and officers who commit civil rights violations while unlawfully masked face minimum civil damages of $10,000.

Narrow Exceptions Allow Tactical Operations

Penal Code Section 185.5 provides specific exemptions for legitimate operational needs. Officers may wear face coverings during SWAT team operations, authorized undercover assignments, tactical situations requiring protective gear for physical safety, and when occupational health regulations mandate masks.

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The statute excludes N95 medical masks, motorcycle helmets, respirators for hazardous materials response, cold weather protection gear and masks for underwater operations from its definition of prohibited facial coverings.

Law enforcement agencies operating in California must adopt and publicly post written policies governing facial covering use by July 1, 2026. These policies must affirm commitment to transparency and accountability while restricting mask use to clearly defined, limited circumstances.

Federal Government Refuses Compliance

The Trump administration filed suit in November challenging both SB 627 and companion legislation SB 805, which requires non-uniformed officers to display visible identification. The Justice Department argues the laws violate the Constitution’s Supremacy Clause by attempting to regulate federal operations.

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

The Department of Homeland Security issued statements declaring federal agents will not comply with California’s restrictions. Assistant Secretary Tricia McLaughlin characterized the legislation as “despicable” and said it endangers officers facing threats from criminal organizations.

“The Sanctuary politicians of California want to make it easier for violent political extremists to target our brave men and women of federal law enforcement,” McLaughlin said.

DHS claims ICE agents face an 8,000% increase in death threats and a 1,000% increase in assaults, citing cases where agents were followed home and their addresses posted online.

State Defends Public Safety Rationale

California officials maintain the law protects both communities and legitimate law enforcement by ensuring accountability and preventing impersonation. State Senator Jesse Arreguín, a co-author, pointed to FBI warnings about criminals posing as ICE agents.

“It’s deeply concerning that the Trump Administration is suing California for requiring precisely what the FBI is urging,” Arreguín said. “When armed operatives walk into our communities obscuring their face, badge and name, the public’s trust is broken – and that poses a risk to everyone.”

California Attorney General Rob Bonta defended the legislation as necessary for public safety. His office noted the FBI has warned that ICE agents obscuring their identities has led to increased copycat crimes and eroded trust in law enforcement.

Broader Coalition Supports Transparency

The legislation received backing from immigrant rights organizations including MALDEF (Mexican American Legal Defense and Educational Fund), labor unions and civil rights groups. Prosecutors Alliance Action and the Inland Coalition for Immigrant Justice sponsored the bill.

“Masked abductions under government authority are a hallmark of authoritarian regimes, not of republics,” said Thomas Saenz, MALDEF president and general counsel. “This bill, if well-enforced, can help to restore trust in law enforcement throughout California.”

Since California’s action, similar proposals have emerged in Tennessee, Michigan, Illinois, New York, Massachusetts and Pennsylvania, as well as cities including Chicago, Los Angeles, Albuquerque and San Jose. Los Angeles County supervisors voted in December to advance a local ordinance barring masked enforcement in unincorporated areas.

Constitutional Question Heads to Court

Legal experts remain divided on whether states possess authority to regulate federal law enforcement operations. The Supremacy Clause generally prohibits states from imposing restrictions on federal agencies, but California argues its police power extends to protecting residents from potential abuse and impersonation.

The lawsuit, filed in the U.S. District Court for the Central District of California, seeks to enjoin the state from enforcing both SB 627 and SB 805. No hearing date has been set.

Can California enforce accountability measures on federal agents, or does the Constitution reserve such authority exclusively to Congress?

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