DHS Puts California on Notice, Fights Back Against ‘Unconstitutional’ Move That Threatens Federal Agents

AP Photo/Gregory Bull, File

First Assistant U.S. Attorney for the Central District of California, Bill Essayli, announced on Monday that DHS had filed a lawsuit against California's "unconstitutional law" attempting to force Immigration and Customs Enforcement (ICE) agents to be unmasked.

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In a post on X on Monday, Essayli wrote that the Department of Homeland Security had "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."


READ MORE:  DOJ Comes Out Swinging at Democrats Over Insane Legislation to Change ICE Raids


"Assaults against federal agents have exploded over the last few months, thanks in part to [reckless] political rhetoric aiming to delegitimize our brave agents," he added.

"Unconstitutional laws such as this one further endanger our brave men and women protecting our community," Essayli continued. "Our immigration enforcement will continue unabated and unhindered by unconstitutional state laws enacted by irresponsible politicians."

As RedState previously reported, California Democrats debuted the No Secret Police Act (SB 627) in June. It was signed into law by Democrat Gov. Gavin "Hair Gel" Newsom in September and is set to take effect January 1, 2026.

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Introduced by Democrat State Senator Scott Wiener, who recently declared his candidacy for the House seat currently held by the retiring Rep. Nancy Pelosi (CA-11), it states the following:

Existing law makes it a misdemeanor to wear a mask, false whiskers, or any personal disguise, as specified, with the purpose of evading or escaping discovery, recognition, or identification while committing a public offense, or for concealment, flight, evasion, or escape from arrest or conviction for any public offense.

This bill would make it a crime for a law enforcement officer to wear a facial covering in the performance of their duties, except as specified. The bill would define law enforcement officer as anyone designated by California law as a peace officer who is employed by a city, county, or other local agency, and any officer or agent of a federal law enforcement agency or law enforcement agency of another state, or any person acting on behalf of a federal law enforcement agency or agency of another state. The bill would make a violation of these provisions punishable as an infraction or a misdemeanor, as specified. By creating a new crime, this bill would impose a state-mandated local program.


SEE: Watch: Gavin Newsom Went on Wild Anti-ICE, Anti-Trump Rant on Colbert on Tuesday

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ALSO: Sick: Hakeem Jeffries Vows to Unmask and Reveal Identities of ICE Agents Already Facing Death Threats


Wiener claimed that there was some kind of "rise" of secret police whose behavior needed to be checked.

"We're announcing new legislation — the No Secret Police Act (SB 627) — to ban local/state/federal law enforcement, w/ some exceptions, from covering their faces when interacting w/ the public & require them to wear identifying info," Weiner's post read. "Secret police behavior tanks trust & must end."

"We're seeing the rise of secret police — masked, no identifying info, even wearing army fatigues — grabbing & disappearing people," he added with more insane claims. "It's antithetical to democracy & harms communities. The No Secret Police Act can help end the fear & chaos this behavior creates in communities."

Shortly after the legislation was introduced, the Department of Justice spoke out against it and made it clear that the states cannot regulate what federal law enforcement does. 

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As RedState noted at the time, Assistant Attorney General Harmeet Dhillon of the Civil Rights Division made a post on social media informing Weiner to go and seek legal counsel, where she said he would discover that this proposal is on the wrong side of the law.

With threats and assaults against ICE agents rising, this lawsuit seems necessary to protect lives. 

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