A federal appeals court delivered a blow to a California law requiring ICE agents to be unmasked.
A three-judge panel for the Ninth Circuit of Appeals ruled 2-1 that the state cannot regulate federal immigration officials.
“We conclude that § 10 of the No Vigilantes Act attempts to directly regulate the United States in its performance of governmental functions. The Supremacy Clause forbids the State from enforcing such legislation,” the ruling reads. “The United States is therefore likely to succeed on the merits of its Supremacy Clause claim, and the other preliminary injunction factors also weigh in its favor. Thus, we grant the motion for an injunction pending appeal.”
“Section 10 of the No Vigilantes Act attempts to directly regulate the federal government in its performance of law enforcement operations. It expressly applies to federal officers,” it adds. “It seeks to control their conduct in performing law enforcement operations.”
U.S. Attorney Bill Essayli celebrated the ruling, writing on social media, “Huge legal victory this morning in the Ninth Circuit, where the court permanently enjoined California’s unconstitutional mask law targeting federal agents.”
Another ruling surrounding a similar policy was handed down by a Los Angeles judge in February. “The Court finds that federal officers can perform their federal functions without wearing masks,” Snyder said. “However, because the No Secret Police Act, as presently enacted, does not apply equally to all law enforcement officers in the state, it unlawfully discriminates against federal officers. Because such discrimination violates the Supremacy Clause, the Court is constrained to enjoin the facial covering prohibition.”
