DOJ official calls out California Democrat over false ICE mask ban enforcement claim

WASHINGTON, DC: A senior Department of Justice official publicly corrected a California Democratic lawmaker on Friday after the legislator falsely claimed the state had begun enforcing a controversial ban on federal immigration officers wearing face coverings. The dispute unfolded online days before a federal judge is set to hear arguments on whether the law can move forward.

The exchange centers on California state Sen Scott Wiener, a San Francisco Democrat running to succeed retiring Rep Nancy Pelosi, who posted a video on Thursday asserting that his newly passed No Secret Police Act had gone into effect on January 1.

DOJ official pushes back on Scott Wiener’s ICE mask ban claim

Jesus Osete, the second-highest-ranking official in the DOJ’s Civil Rights Division, quickly responded to Wiener’s post, pointing out that California’s own attorneys told a federal court the state would not enforce the law while litigation is ongoing.

“That’s not what @CAgovernor told a federal judge, my man,” Osete wrote on X, taking a direct jab at the senator’s claim.

Osete was referring to a December court filing in which Gov Gavin Newsom’s administration agreed to temporarily hold off on enforcing the mask ban against Immigration and Customs Enforcement (ICE) agents until a federal judge rules on a request for a preliminary injunction.

Legal battle over No Secret Police Act remains unresolved

The Trump administration sued California in November, arguing that two state bills, including Wiener’s No Secret Police Act, violate the Supremacy Clause of the US Constitution, which establishes that federal law overrides conflicting state laws.

Wiener’s legislation was drafted following a series of high-profile immigration raids in California where some ICE officers concealed their identities with ski masks, sparking outrage among progressive activists and immigrant advocacy groups.

As part of the ongoing lawsuit, California officials agreed in December to pause enforcement of the mask ban until the court considers whether to block it altogether.

Despite that agreement, Wiener claimed otherwise in his video, saying, “It’s now illegal for ICE and other law enforcement to cover their faces in the state of California. Starting today, my new anti-masking law goes into effect.”

Federal prosecutors also challenge Scott Wiener’s interpretation

Osete was not alone in disputing Wiener’s remarks. Bill Essayli, the first assistant US attorney in Central California, also publicly criticized the senator’s statements.

“This isn’t true,” Essayli said. “California has no authority to regulate federal agents. This state law violates the federal Supremacy Clause.”

Essayli added that California had already agreed not to enforce what he called an 'unconstitutional mask ban,' accusing the law’s supporters of attempting to expose federal agents to harassment.

Scott Wiener doubles down despite court agreement

Rather than backing down, Wiener defended his comments in a statement to Fox News Digital, lashing out at federal officials and minimizing the court agreement.

“While the agents of the state did agree to hold off on enforcing the law until the injunction hearing, the No Secret Police Act is still very much in effect,” Wiener said, adding that ICE agents could still face civil lawsuits for allegedly violating state law.

California’s attorneys have argued in court filings that masked immigration agents have “caused terror throughout California,” leaving residents uncertain whether they were encountering legitimate law enforcement or impostors.

What happens next in the ICE mask ban case

A federal judge is currently weighing the Trump administration’s request for a preliminary injunction. Briefing on the matter continues through next week, with a hearing scheduled for January 12.

If the judge sides with California, the state could begin enforcing the mask ban at that point. Until then, however, state officials remain bound by their agreement not to enforce the law - a fact DOJ officials were quick to emphasize after Wiener’s public claim.