Overview
- During an appearance on MS NOW’s All In on Dec. 30–31, Rep. Eric Swalwell said he would require ICE officers operating in California to remove masks and show identification.
- He said agents who commit crimes would be prosecuted, citing potential charges such as falsely imprisoning people, kidnapping, and assault or battery.
- Swalwell proposed using California’s driver’s-license authority to bar agents who refuse to identify themselves from driving in the state.
- The pledge comes after California lawmakers moved to restrict federal officers’ use of face coverings and after an ICE raid at a marijuana farm that resulted in 361 detentions.
- Conservative commentators and legal scholars criticized the proposals as likely unconstitutional due to federal supremacy and federal-agent immunity doctrines, referencing cases such as In re Neagle and Johnson v. Maryland.