California attorney general, Homeland Security debate mask ban

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(The Center Square) - If ultimately upheld in court, California’s ban on masks for federal immigration officers will be enforced by all law enforcement agencies despite doubts by the Los Angeles police chief, state Attorney General Rob Bonta told The Center Square Thursday.

But also on Thursday, the U.S. Department of Homeland Security called the ban unconstitutional and defended its officers, answering The Center Square's questions by email.

If courts ultimately uphold the mask ban as law in California, local law enforcement and the state Department of Justice would enforce it, just like they would any other law, Bonta said during a virtual news conference focused primarily on a civil rights investigation related to the Eaton Fire in Altadena.

“Laws are there to be followed. Laws are there to be enforced if they’re not followed,” Bonta said, answering The Center Square’s questions.

Bonta also said California has been “spared the level of severity and harm” seen in Minneapolis, where federal immigration officers killed two U.S. citizens who got into confrontations with officers, Renée Good and Alex Pretti. But he added, "We think it might happen. So we're prepared."

Bonta called the Minneapolis killings "sickening" and "tragic." "They should both be alive today."

Assistant Secretary Tricia McLaughlin of Homeland Security noted candidates for U.S. Immigration and Customs Enforcement undergo months of rigorous training and study topics such as deescalation. 

“Our officers only use lethal force in defense of their own lives, the lives of their fellow officers, and for the safety of the public,” McLaughlin told The Center Square. She added they're trained to use the minimum amount of necessary force.

Federal officers have arrested more 3,500 criminal illegal immigrants including murderers, rapists, child pedophiles and dangerous public safety threats, McLaughlin said.

California’s ban on masks was placed on hold Monday by a preliminary injunction issued by Los Angeles-based U.S. District Court Judge Christina Snyder, who was appointed by President Bill Clinton. Snyder, who's with the court for the Central District of California, ruled against the state No Secret Police Act’s ban on masks because, she said, “it unlawfully discriminates against federal officers.”

The preliminary injunction is an early phase of the dispute between the state and the Trump administration, Bonta said. “The case continues. There could be a summary judgment. There could be a trial where additional decisions are made by the court about what laws are in place or not in place.”

Before the injunction was issued, Los Angeles Police Chief Jim McDonnell told reporters that enforcement of the ban would endanger Los Angeles police officers. McDonnell said his department would not enforce the ban.

“The reality of one armed agency approaching another armed agency to create conflict over something that would be a misdemeanor at best or an infraction, it doesn’t make any sense,” McDonnell said at a news conference. “It’s not a good public policy decision, and it wasn’t well thought out.”

Gov. Gavin Newsom signed the mask ban, known as Senate Bill 627 or the No Secret Police Act, in September.

When Newsom signed the ban into law, the U.S. Department of Homeland Security said it wouldn’t comply.

"To be crystal clear: We will not abide by [Gov. Gavin] Newsom’s unconstitutional ban," McLaughlin told The Center Square in September.

McLaughlin commented further Thursday.

“Gov. Newsom’s unconstitutional legislation fans the flames of division, hatred and dehumanization of our law enforcement,” McLaughlin told The Center Square. “The Supremacy Clause [of the U.S. Constitution] makes it clear that California does not control federal law enforcement.”

“At a time that ICE law enforcement faces a more than 1,300% increase in assaults and their family members are being doxxed and targeted, the [fact that the] sitting Governor of California chooses to sign unconstitutional legislation that strips law enforcement of protections, is disgusting,” McLaughlin said.

Answering The Center Square’s questions, Bonta on Thursday noted the federal court did uphold California’s law requiring federal agents to identify themselves during their operations.

McLaughlin noted federal officers clearly identify themselves as law enforcement.

Bonta answered The Center Square's questions about federal immigration officers.

“Some of the major problems of ICE in America continue,” Bonta said. “They’re masked. They’re armed. They use unnecessary force. They’re traumatizing and terrorizing our communities. They are using warrants issued by their own agencies and not by independent judges, and they think that is appropriate. They don’t have a good consistent use of body cameras.”

Bonta called on congressional Democrats to stand firm in their expectations for reforms.