Trump admin takes California to court over Newsom’s ‘unconstitutional’ mask ban for federal agents

LOS ANGELES, CALIFORNIA: The Department of Justice slapped California with a lawsuit on Monday, November 17, targeting two new state laws that ban federal agents from wearing facial coverings and require them to identify themselves while on the job.

According to the lawsuit, California’s new rules violate the Constitution’s Supremacy Clause.

The Trump administration also argued that the state’s mask rules could put federal officers in danger. Court documents stated that the federal government “does not intend to comply.”

The top federal prosecutor in Los Angeles, US Attorney Bill Essayli, announced on X, "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." He added, "Unconstitutional laws such as this one further endanger our brave men and women protecting our community." 

Newsom defends California ID laws as DOJ files suit over agent mask rules

Gov Gavin Newsom’s office fired back after hearing about the lawsuit. His spokesperson, Diana Crofts-Pelayo, told CBS News exactly what she thought of the legal challenge.

"If the Trump administration cared half as much about public safety as it does about pardoning cop-beaters, violating people's rights, and detaining US citizens and their kids, our communities would be much safer," she said in a statement. "We'll see the US Department of Justice in court."

Newsom signed not one, but two major bills in September.

The first, the No Secret Police Act, bans federal, state, and local officials from hiding their identities behind face coverings during operations. However, there are exceptions: the California Highway Patrol, undercover officers, SWAT members, and anyone who needs a mask for health or medical reasons. The federal lawsuit claims California is playing favorites, alleging the state is discriminating against federal agents while granting exemptions to its own personnel.

The second law, the No Vigilantes Act, goes into effect in January. It requires non-uniformed federal agents working in California to clearly display identification, including their agency and either a name or badge number.

California faces backlash after immigration raids by masked federal agents

California Democratic state senators pushed the aforementioned bills forward in June after federal agents were seen wearing face coverings during immigration enforcement operations across the state.

Both laws can impose criminal penalties on federal officers who fail to comply, a move that immediately raised alarms among law enforcement groups.

The California Association of Highway Patrolmen warned that the ban endangers officers and their families by removing their ability to protect their identities when necessary. State-level critics agreed, arguing that Sacramento is punishing local officers for the actions of federal agents.

The Department of Homeland Security in Washington blasted the bills before Newsom had even signed them. In a September post on X, they declared, "To be clear: We will NOT comply with Gavin Newsom's unconstitutional mask ban," labeling the law a "PR stunt."

This comes after New York Democratic Reps Dan Goldman and Adriano Espaillat introduced a federal version of the No Secret Police Act in June, aiming to ban facial coverings and require clear identification for federal officers and DHS agents when detaining people.

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