He continued: “People do not want masked law enforcement in their communities, people want to be able to see who is patrolling their communities, people understand that if ICE and any other law enforcement wear ski masks, that creates an atmosphere of impunity and terror, and prevents accountability.”
But it’s not clear if Newsom would sign such a bill. In response to the ruling, his press office wrote on social media, “Mr. Wiener rejected our proposed fixes to his bill — language that was later included in the identification bill the court upheld today. He chose a different approach, and today the court found his approach unlawful.”
The Department of Justice did not immediately respond to a request for comment on the ruling.
In court on Monday, Snyder dismissed several arguments the Trump administration has made to justify why agents should be allowed to mask.
She noted that there are no federal laws or regulations that require federal law enforcement officers to wear facial coverings or conceal their identity, and “in fact, some federal laws and regulations require visible identification in certain circumstances.”
Historically, she noted, federal officers have not been masked.
Snyder also found that the federal government “has not met its burden to show that enforcement of the challenged provisions … would interfere with or take control of federal law enforcement operations,” — comparing them to traffic laws that dictate how a federal officer may drive on state roads.
And she rejected the argument that bills will put officers at risk of attacks and physical harm, noting that the potential harms cited in court — including doxing, threats and assault — are all crimes themselves.
“A rule that prohibits law enforcement officers from wearing masks or requires them to have visible identification does not facilitate or enable criminals to harm law enforcement officers,” she wrote. To the contrary, she added later, the “presence of masked and unidentifiable individuals, including law enforcement, is more likely to heighten the sense of insecurity for all.”
And in a clear rebuke to statements made by Vice President JD Vance and others after the Minneapolis shootings, Snyder noted that, “The law is clear that federal officers do not have absolute immunity from state prosecution.”