As a younger recruit, the very first thing I discovered once I pinned on a badge was easy however profound: Energy should all the time be seen and accountable. A nameplate, a badge quantity, an company insignia — these aren’t simply items of steel and material. They’re guarantees that those that wield the authority of the state might be recognized, questioned and held chargeable for their actions.
That’s why California’s new legislation, which takes impact Jan. 1, 2026, must be welcomed by anybody who values the rule of legislation. It should make it a misdemeanor for any legislation enforcement officer — federal or native — to hide their id with a masks throughout enforcement actions in public areas reminiscent of faculties, hospitals or locations of worship. The aim is easy: When authorities brokers act within the identify of the folks, the folks ought to know who they’re.
Predictably, critics name the measure “political theater.” Some insist that “federal legislation trumps state legislation.” Others argue that brokers have a “proper” to put on masks — and that in the event that they’re arresting undocumented folks, “who cares?”
These claims are usually not solely fallacious however betray a basic misunderstanding of what policing in a democracy is meant to appear to be — and why accountability shouldn’t be elective.
The road between a lawful arrest and an abduction is thinner than most individuals understand. What separates them is the power of the general public to establish who’s appearing below shade of legislation. When that skill is eliminated, belief collapses and worry takes its place.
We’ve already seen the results. In 2024, Maria Ruiz, a U.S. citizen, was detained by masked ICE brokers outdoors her office and held with out trigger for 3 days. In 2023, masked federal officers stormed a San Diego courthouse and seized a person leaving a household legislation listening to, inflicting panic amongst bystanders. And in 2022, masked brokers entered a Central Valley emergency room and detained two sufferers looking for care.
When the general public can’t distinguish legislation enforcement from a road gang in tactical gear, we’re not speaking about policing — we’re speaking about energy untethered from accountability.
The brand new legislation is neither radical nor anti-federal. It doesn’t bar immigration enforcement, block arrests or intrude with warrants. It merely requires that these executing the facility of the state accomplish that with out hiding their id — with clear exceptions for undercover work and imminent security threats.
That is properly inside California’s constitutional authority. States have all the time had broad powers to guard the security and civil rights of their residents. And no federal statute requires brokers to put on masks. In actual fact, federal laws require officers to establish themselves when making arrests. Removed from conflicting with federal legislation, California’s statute reinforces it.
The Supreme Court docket has additionally upheld state legal guidelines which can be impartial, typically relevant and by the way have an effect on federal operations. California’s legislation applies equally to everybody with a badge and regulates conduct, not the federal authorities itself.
The commonest protection from Immigration and Customs Enforcement is that masks defend brokers from being “doxed” — having their private info uncovered. However each legislation enforcement officer faces the chance of retaliation. For greater than a century, officers have accepted that danger whereas nonetheless exhibiting their faces. We defend them with coaching, safety protocols and legal guidelines in opposition to harassment — not by granting them anonymity.
Some doxing incidents occur after companies cover misconduct or refuse accountability. Masking officers doesn’t stop these conditions — it helps create them. And California’s legislation already permits exceptions when security is actually in danger.
As a former police commander, I can let you know that no competent government would permit officers to function masked and unidentifiable throughout routine enforcement. If certainly one of my detectives confirmed up for a warrant service in a face overlaying, they’d be pulled from the operation earlier than they reached the door.
Professionalism isn’t situational. It doesn’t cease on the state line or finish with federal jurisdiction. And it definitely doesn’t change as a result of the individual being arrested is undocumented. The requirements of legitimacy are the identical throughout the board.
When officers cover their faces, they cover their duty. They erode public belief. They chill constitutional rights. They usually create the very circumstances wherein abuse thrives.
California has drawn a shiny line — one that claims state energy should be seen, accountable and answerable to the folks it serves. That’s not politics. That’s Policing 101. And it’s a normal that must be embraced by each legislation enforcement company in America.
Stephen Downing is a retired deputy chief of the Los Angeles Police Division.
