The Department of Justice is suing California over two recently enacted laws that would prohibit federal agents from wearing facial coverings and require them to identify themselves while conducting their duties.
The lawsuit argues California’s laws violate the Constitution’s Supremacy Clause, under which federal laws take precedence over state laws. The Trump administration also claims the laws threaten the safety of federal officers.
The federal government said in court documents it “does not intend to comply.”
“Today we filed a lawsuit to strike down California’s unconstitutional law aimed at unmasking the faces of our federal agents, which will allow criminals to dox them,” Bill Essayli, the top federal prosecutor in Los Angeles, wrote on X. “Unconstitutional laws such as this one further endanger our brave men and women protecting our community.”
A spokesperson for Gov. Gavin Newsom criticized the lawsuit in a statement to CBS News.
“If the Trump administration cared half as much about public safety as it does about pardoning cop-beaters, violating people’s rights, and detaining U.S. citizens and their kids, our communities would be much safer,” spokesperson Diana Crofts-Pelayo wrote. “We’ll see the U.S. Department of Justice in court.”
In September, Newsom signed the “No Secret Police Act” into law. The measure bans federal, state, and local officials from concealing their identity with face coverings while conducting operations.
The California Highway Patrol would be exempt, as well as undercover operatives, members of SWAT teams and people who have health issues or who need masks for medical reasons like preventing smoke inhalation.
The lawsuit against California argues the state is discriminating against federal agents as it exempts some state officials from the mask ban.
Newsom also signed the “No Vigilantes Act” in September, which would require non-uniformed federal agents operating in California to visibly display identification that includes their agency and either a name or badge number starting in January.
California Democratic state senators pushed for the passage of these bills in June, in response to federal agents wearing face coverings while conducting immigration enforcement operations across California.
Both laws would impose criminal penalties on federal law enforcement officers for noncompliance in some cases.
Critics of the facial covering ban, including the California Association of Highway Patrolmen, argue it would put officers and their families’ lives and well-being at risk by prohibiting them from protecting their identity when needed. State-level critics also say it would only serve to punish local law enforcement for the actions of federal agents.
The Department of Homeland Security called on Newsom to veto the bills in September and, upon passage, stated it would not comply.
“To be clear: We will NOT comply with Gavin Newsom’s unconstitutional mask ban,” DHS posted on X in September that called the law a “PR stunt.”
In June, a federal version of the “No Secret Police Act” was introduced by New York Democratic Reps. Dan Goldman and Adriano Espaillat. This act would also ban facial coverings and require law enforcement officers and DHS agents to clearly display identification and insignia when detaining individuals.
CBS News has reached out to California Attorney General Rob Bonta for comment.
