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California’s ICE Mask Ban Paused as DOJ Disputes Claims It Took Effect

Enforcement is paused under a court stipulation pending a Jan. 12 hearing on the DOJ’s challenge.

Overview

  • California agreed in federal court not to enforce SB 627’s anti-masking provisions against federal officers until a judge rules on a preliminary injunction, with a hearing set for Jan. 12.
  • The DOJ and DHS sued, arguing the law is preempted by the Supremacy Clause and warning that unmasking agents heightens risks from doxxing, harassment and threats.
  • State Sen. Scott Wiener said on Jan. 1 that the ban was in effect, but DOJ officials and court filings note the state has stipulated to a temporary hold on enforcement.
  • Rep. Eric Swalwell, a gubernatorial candidate, pledged to revoke the driver’s licenses of masked ICE agents operating in California if elected.
  • SB 627 criminalizes on-duty face coverings for law enforcement with limited exceptions and ties masking to loss of qualified immunity, including a minimum $10,000 remedy for certain offenses committed while masked.