Arizona is one of the latest states to introduce legislation that would bar Immigration and Customs Enforcement officers' from concealing their identities with face masks.
“This is just a way for us … to use the resources we have at the state level to try to protect our community,” state Rep. Mariana Sandoval, the main sponsor of the bill, said in an interview with KJZZ.
But, its implementation, even if passed, might not be so simple.
The Supremacy Clause of the U.S. Constitution ensures state legislation cannot supersede federal law, which muddies the waters for state regulation to apply to ICE agents. This is seen in states like California, which was set to have a mask ban take effect at the beginning of this month.
The California law would give ICE agents two options: forgo masks or lose “qualified immunity,” which shields officers from individual liability as a result of their actions. This would leave agents vulnerable to lawsuits for crimes ranging from assault and battery to false imprisonment and malicious prosecution, and a minimum penalty of $10,000 for wearing masks.
In response, the Trump administration sued to block the bill, citing an 1890 Supreme Court case that said a state could not prosecute federal officers while completing their duties.
In its brief to the U.S. District Court for California’s Central District, the Trump administration claimed agents would be at risk if they had to reveal their identities.
“The laws would thwart plainclothes surveillance — the whole point of which is not to reveal officers’ identities to mitigate the risk of evasion by targets,” the administration said in the brief.
Under the bill introduced in Arizona, agents could face similar penalties up to $10,000 for wearing masks.
“Most people have seen what is happening around the country with masked agents,” said. “We don’t know who they are. We don’t know if they are or aren’t law enforcement agents.”
Despite the administration's claims, “federal agents aren’t fully immune from state law. I think that’s something people are getting confused about right now,” attorney Bridget Lavender said.
Lavender compared this technicality to traffic laws. For example, if a federal agent is driving a government vehicle and runs a red light, they could still be found liable for violating state legislation.
On the flipside, protections under qualified immunity could apply if a federal agent were to run the same red light during a pursuit.
“Even if mask bans fail … that doesn’t mean that ICE officers could never be prosecuted for crimes they commit,” Lavender said.
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A Republican state lawmaker is pushing legislation to deploy federal immigration officers at Arizona polling places this fall. -
Sen. John Kavanagh (R-Fountain Hills) said nothing in his measure, scheduled for a hearing this week, is designed to interfere with anyone's First Amendment rights. -
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It’s a busy time for immigration attorneys. With President Donald Trump’s mass deportation campaign picking up and raids in cities across the country, they’re getting swamped with calls and sometimes have to turn folks away.
