As a younger recruit, the very first thing I realized once I pinned on a badge was easy however profound: Energy should at all times 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 will be recognized, questioned and held liable for their actions.
That’s why California’s new legislation, which takes impact Jan. 1, 2026, ought to 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 identification with a masks throughout enforcement actions in public areas equivalent to faculties, hospitals or locations of worship. The objective is simple: When authorities brokers act within the title 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 usually are not solely unsuitable however betray a elementary misunderstanding of what policing in a democracy is meant to appear like — and why accountability just isn’t optionally available.
The road between a lawful arrest and an abduction is thinner than most individuals understand. What separates them is the flexibility of the general public to establish who’s performing beneath coloration 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 avenue 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 ability of the state accomplish that with out hiding their identification — with clear exceptions for undercover work and imminent security threats.
That is effectively inside California’s constitutional authority. States have at all times had broad powers to guard the security and civil rights of their residents. And no federal statute requires brokers to put on masks. In truth, federal rules require officers to establish themselves when making arrests. Removed from conflicting with federal legislation, California’s statute reinforces it.
The Supreme Courtroom has additionally upheld state legal guidelines which can be impartial, usually 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 most typical protection from Immigration and Customs Enforcement is that masks defend brokers from being “doxed” — having their private data uncovered. However each legislation enforcement officer faces the chance of retaliation. For greater than a century, officers have accepted that threat whereas nonetheless exhibiting their faces. We defend them with coaching, safety protocols and legal guidelines towards harassment — not by granting them anonymity.
Some doxing incidents occur after businesses conceal 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 inform you that no competent govt would permit officers to function masked and unidentifiable throughout routine enforcement. If one in every 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 particular person being arrested is undocumented. The requirements of legitimacy are the identical throughout the board.
When officers conceal their faces, they conceal their duty. They erode public belief. They chill constitutional rights. And so they create the very situations through which abuse thrives.
California has drawn a vibrant 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 regular that ought to be embraced by each legislation enforcement company in America.
Stephen Downing is a retired deputy chief of the Los Angeles Police Division.
