The U.S. Department of Justice filed a lawsuit Monday against California, Governor Gavin Newsom, and Attorney General Robert Bonta, challenging two state laws that ban federal law enforcement officers from wearing face masks during operations and require them to display visible identification.
The lawsuit, filed November 17 in the U.S. District Court for the Central District of California, argues that California’s “No Secret Police Act” (Senate Bill 627) and “No Vigilantes Act” (Senate Bill 805) violate the Supremacy Clause of the U.S. Constitution by attempting to regulate federal agencies and discriminate against federal officers.
Governor Newsom signed both bills into law on September 20, 2025, in response to immigration enforcement operations conducted across California by masked federal agents. The laws are scheduled to take effect on January 1, 2026.
The No Secret Police Act prohibits federal and local law enforcement officers from wearing facial coverings that conceal their identity while performing their duties, with limited exceptions for undercover operations, SWAT teams, medical masks, and tactical operations requiring protective gear. Agencies must adopt and publicly post written policies on face covering use by July 1, 2026.
The No Vigilantes Act requires non-uniformed federal law enforcement officers to visibly display identification that includes their agency name and either a badge number or their name when conducting enforcement duties. The legislation also expands existing impersonation laws and prohibits bounty hunters from engaging in immigration enforcement activities in California.
Both laws impose criminal penalties—ranging from infractions to misdemeanors—on officers who willfully and knowingly violate the provisions, though these penalties do not apply to officers whose agencies maintain compliant written policies.
The federal complaint asserts that the laws directly regulate federal government operations in violation of constitutional principles that prevent states from controlling federal activities.
The Justice Department argues that only the federal government has authority to control its own agents and prescribe regulations for federal law enforcement uniforms and conduct. The complaint notes that the No Secret Police Act discriminates against federal officers by exempting California state police while subjecting federal and local officers to its requirements.
The federal government also emphasizes safety concerns, citing what it describes as dramatic increases in threats against federal officers.
The complaint states that federal agencies will not comply with the challenged laws and that the threat of criminal prosecution by California officials is “not merely hypothetical,” citing statements from Representatives Nancy Pelosi and Kevin Mullin that “state and local authorities may arrest federal agents if they break California law.”
Governor Newsom defended the legislation, “I’ll be signing a bill, the first in the nation, saying enough. ICE, unmask. What are you afraid of? What are you afraid of? If you’re going to go out and you’re going to do enforcement, provide an ID.”
