L.A. County took a primary step Tuesday towards barring immigration officers from concealing their identities with neck gaiters and masks, although it’s removed from clear they’ll be capable to implement the native ban on federal brokers.
County supervisors voted 4-0 to ask attorneys to draft a rule that will bar all regulation enforcement officers — together with native sheriff deputies and federal immigration brokers — from disguising their identification whereas working in unincorporated elements of the county.
It’s a scene that’s performed out repeatedly since widespread immigration raids started in June: armed federal brokers —their faces hidden by gaiters, balaclavas or ski masks — have hopped out of an unmarked van and apprehended folks from road corners, automobile washes, and House Depot parking heaps. Officers typically refuse to establish themselves as working with federal immigration enforcement, in line with movies captured of those raids.
“Being forcibly detained by a federal officer in the course of the day is frightening sufficient,” mentioned Supervisor Janice Hahn, who spearheaded the movement. “Having it finished by somebody carrying a face masks or balaclava whose title and badge are fully lined up is much more disturbing.”
Division of Homeland Safety Assistant Secretary Tricia McLaughlin mentioned that brokers with the division’s Immigration and Customs Enforcement or Enforcement and Removing Operations must disguise themselves to keep away from having their identification publicized.
“These sanctuary politicians are attempting to outlaw officers carrying masks to guard themselves from being doxed and focused,” McLaughlin mentioned in an announcement. “These LA Nation Supervisors have clearly by no means been on an ICE operation as a result of they might see our officers verbally establish themselves, put on vests that say ICE/ERO or Homeland Safety, and are flanked by automobiles that additionally say the title of the division.”
The supervisors have been unconvinced.
“Unreasonable search and seizure is what I’d name it,” Supervisor Hilda Solis, who co-authored the movement with Hahn, instructed her colleagues. “I do know it’s a violation of our constitutional and civil rights.”
The potential influence of the movement stays unclear. The regulation, which county attorneys have two months to draft, would solely apply to regulation enforcement working in unincorporated areas, the place the supervisors have sole authorities authority.
Sheriff deputies are already required to obviously establish themselves most often. During the last two months, Sheriff Robert Luna has burdened that his deputies must be simply identifiable throughout the county with their patch, six-point star badge and title plate. Hahn mentioned the masks ban into consideration ought to exempt face coverings that deputies want as a part of the job: fuel masks, medical masks or undercover disguises, for instance.
The sheriff division didn’t reply to a request for touch upon the movement.
The Assn. for Los Angeles Deputy Sheriffs, which represents sheriff deputies, say they have been working with Hahn’s staff to “discover a good match for this masks ordinance” and guarantee officers can nonetheless put on masks when essential.
“It’s ironic that the identical Board of Supervisors who so impulsively mandated Deputy Sheriffs to put on masks throughout COVID have now swung 180 levels,” mentioned Thomas Ferguson, the vp for the deputy union, in an announcement. “I feel everyone knows that efforts by the county and even the state on this challenge may have ZERO influence on the federal authorities and are finished largely for present.”
Federal immigration brokers are below no requirement to comply with a county masks ban, in line with Kevin Johnson, a UC Davis College of Regulation professor who specialised in immigration regulation.
“The County can’t lawfully require ICE officers — below the jurisdiction of the federal authorities — to not put on masks” Johnson wrote in an e-mail. “I consider that federal supremacy rules require the federal authorities to have the authority to limit its officers.”
This comes as no shock to the county’s prime lawyer, Dawyn Harrison, who instructed her bosses the federal authorities will possible argue that the county regulation violates the structure, which states that federal regulation takes priority over conflicting native regulation.
“It might almost definitely be challenged on the supremacy clause,” Harrison instructed the supervisors.
Hahn mentioned she noticed no downside with going to battle with the federal authorities.
“If now we have to see you in court docket, we’ll see you in court docket,” she mentioned.
Supervisor Kathryn Barger, who abstained from the vote, questioned the purpose of a movement that will virtually definitely land them in entrance of a decide.
“My concern is we’re bringing in a movement that’s in all probability going to finish up in court docket that I query is even authorized for us to do,” mentioned Barger, including she anxious this might give frightened residents a false sense of safety.
Barger mentioned she supported the spirit of the movement and remained involved that it was too straightforward for folks to impersonate immigration brokers when the true ones typically didn’t establish themselves. The Huntington Park Police Division arrested a person in late June who they believed was posing as a federal immigration agent.
“There have in all probability been numerous individuals who have been victimized as a result of they’ll’t go to regulation enforcement as a result of they’re afraid to go to regulation enforcement,” mentioned Barger.
The movement is considered one of a number of pushes by native legislators to try to exert some affect on federal brokers. State Sen. Sasha Renée Pérez (D-Alhambra) launched a invoice that will require all regulation enforcement, until undercover, to put on a reputation tag or badge quantity. One other invoice, launched by state Sens. Scott Wiener (D-San Francisco) and Jesse Arreguín (D-Berkeley) additionally seeks to ban regulation enforcement from carrying face coverings.
Some California Democrats in Congress are also backing a invoice that will bar federal officers from masking their faces whereas conducting raids.
