No Secret Police Act

No Secret Police Act
California State Legislature
Full nameAn act to add Chapter 17.45 (commencing with Section 7289) to Division 7 of Title 1 of the Government Code, and to add Section 185.5 to the Penal Code, relating to law enforcement.
Introduced25 February 2025 (2025-02-25)
Assembly votedSeptember 9, 2025
Senate votedMay 8, 2025
September 11, 2025 (concurred)
Signed into lawSeptember 20, 2025[1]
Sponsor(s)Wiener (S), Arreguín (S) , Pérez (S) , Wahab (S), Bryan (A)
GovernorGavin Newsom
CodeGovernment Code, Penal Code
Status: Current legislation

The No Secret Police Act (SB 627) is a 2025 California statute which prohibits certain federal and local law enforcement agencies from wearing face masks (including ski masks, balaclavas and neck gaiters) during operations. The law makes exceptions for undercover agents, medical masks such as N95 respirators or tactical gear, and does not apply to California state police officers (California Highway Patrol). The bill was drafted by State Senator Scott Wiener in response to the use of face masks by ICE agents during raids on allegedly-undocumented immigrants in California and other states. Despite opposition from the United States Department of Homeland Security,[2] the bill was signed into law by Gavin Newsom on September 20, 2025.[3][4][1][5] An online portal was created on the website of the California Attorney General on December 4, 2025 to report incidents of federal misconduct.[6]

Response

Acting U.S. Attorney Bill Essayli responded to the law by issuing a letter federal law enforcement agency heads in the Central District of California, demanding that they ignore the law and supporting the arrest of state or local officers who "impede or interfere with operations".

The United States Department of Justice filed a federal lawsuit against the law arguing that the law violates the Supremacy Clause.[7] On December 9, 2025, US District Judge Christina A. Snyder ruled to temporarily pause California from taking "any action to enforce the Challenged Provisions (as defined in the stipulation of the parties) of Senate Bills 627 and 805".[8]

In 2026, Wiener and Senator Aisha Wahab co-authored the No Kings Act (SB 747), which would allow citizens to sue federal, state, and local officers and government officials for monetary damages in state court for violations of First, Fourth and Fifth (Equal Protections) Amendment protections. The bill would expand upon the Tom Bane Civil Rights Act. The bill was introduced in response to the weakening of Bivens actions in successive U.S. Supreme Court decisions.[9][10] The bill was passed by the State Senate on January 27, 2026 and awaits Assembly action.[11][12]

See also

References

  1. ^ a b "Governor Newsom signs laws to protect school children and hospital patients, and limit fear tactics used by Trump's secret police force to terrorize communities". Governor of California. 2025-09-20. Retrieved 2025-09-20.
  2. ^ "DHS Calls for Governor Newsom to Veto California's "No Secret Police" Act | Homeland Security". www.dhs.gov. Retrieved 2025-09-23.
  3. ^ "California bans most law enforcement officers from wearing masks during operations". ABC7 Los Angeles. 2025-09-20. Retrieved 2025-09-20.
  4. ^ "Governor Newsom Signs Senator Wiener's Ban on Extreme Masking by ICE & Other Law Enforcement". Senator Scott Wiener. 2025-09-20. Retrieved 2025-09-20.
  5. ^ Sharp, Sonja (2026-01-14). "Judge is skeptical on ICE agents wearing masks; case could have national implications". Los Angeles Times. Federal officials have vowed to defy the new rules, saying they are unconstitutional and put agents in danger. They have also decried an exception in the law for California state peace officers, arguing the carve-out is discriminatory. The California Highway Patrol is among those exempted, while city and county agencies, including the Los Angeles Police Department, must comply.
  6. ^ "California announces new online portal to report misconduct by federal agents". Governor of California. 2025-12-03. Retrieved 2025-12-04.
  7. ^ alamedapost (2025-11-19). "Trump Administration Sues California to Keep Federal Law Enforcement Masked". Alameda Post. Retrieved 2025-12-04.
  8. ^ "United States v. State of California". midpage.ai. Otto von Zastrow-Marcks. Retrieved 2 January 2026.
  9. ^ "Senator Wiener Announces Legislation To Hold Federal & Other Officers Accountable For Lawlessness". Senator Scott Wiener. Archived from the original on 2026-01-08. Retrieved 2026-01-15.
  10. ^ "Wayback Machine". leginfo.legislature.ca.gov. Archived from the original on 2025-03-23. Retrieved 2026-01-15. {{cite web}}: Cite uses generic title (help)
  11. ^ "California Senate Passes ICE, Border Patrol Accountability Legislation — First in Nation — In Wake of Minneapolis Murders". Senator Scott Wiener. Archived from the original on 2026-01-29. Retrieved 2026-02-04.
  12. ^ Sanchez, Eric (2026-01-30). "California Senate Passes 'No Kings Act,' Allowing Lawsuits Against ICE". Sandiegored. Retrieved 2026-02-04.