Action at the state level may be necessary to contain ICE

On March 19, Washington Gov. Bob Ferguson (D) signed into law a bill to stop ICE officers and other law enforcement officials from wearing masks to conceal their identities from the public. As one of the law’s sponsors put it, that “masking up creates intimidation and fear. If you’re a law enforcement official, the public deserves to know who you are.” 

The law does not criminalize masking by police or ICE. Instead, it permits anyone detained by a masked officer to sue the officer for monetary damages.

Last fall, California led the way in passing an anti-masking law that bans masks — with exceptions for medical masks and tactical gear — for local and federal (but not state) officers conducting official business. Democratic legislatures in several states have passed similar bills.

Masking has long been associated with frontier justice in this country — think of outlaw culture and the Ku Klux Klan. Although the Trump administration claims that masking is needed to keep ICE agents safe, it has not mandated mask-wearing by ICE agents. Instead, it leaves it up to individuals to decide whether to do so. Those who do claim that masking protects them and their families from potential harassment and threats 

Legislation like Washington’s is crucial if anything is to be done to contain ICE. Similar legislation has been introduced in Congress, but it has little chance of success. Democrats are holding up funding for ICE until it agrees to stop putting masked agents on the street.   

Let’s be clear — the Department of Homeland Security........

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