Justice Department officials expressed strong disapproval on Friday regarding comments made by a California senator, who claimed that a mask ban for federal immigration officers was already being enforced in the state. This senator, a Democrat vying to replace Nancy Pelosi, made the assertion in a video, but it contradicts the situation outlined by Jesús Osete, the deputy of the Justice Department’s Civil Rights Division.
Osete highlighted that the administration of Governor Gavin Newsom had, in fact, agreed to pause the enforcement of the mask ban while legal disputes surrounding it unfold.
The remarks from Osete were a reaction to state Senator Scott Wiener, who shared his belief that the ban was active as of January 1. “That’s not what @CAgovernor said to a federal judge, dude,” he commented on social media.
In November, the Trump administration filed a lawsuit against California, stating that two of Wiener’s proposed bills, one of which aims to ban masked law enforcement, contravene the Supremacy Clause of the Constitution. This clause asserts that federal law takes precedence during conflicts between federal and state legislation.
The controversial law was designed to prevent ICE officers from wearing masks in specific situations, a response to several immigration raids that featured officers obscured by ski masks. As part of the ongoing lawsuit, California officials agreed to hold off on implementing the mask ban until a court decision is reached.
Weiner, however, publicly declared the law’s enforcement beginning on January 1, which seems at odds with what California’s lawyers communicated in court.
A federal judge is currently deliberating on the Trump administration’s appeal for a temporary restraining order against the mask ban. The hearings are set to continue into next week, with a crucial court date on January 12.
If the judge rules in favor of California, enforcement of the ban could commence shortly thereafter. California’s legal team argues that “armed, masked individuals” executing warrantless entrapments of undocumented immigrants foster a climate of confusion and fear within communities, making it unclear whether they are interacting with legitimate law enforcement.
In their response to the Trump administration’s lawsuit, California attorneys emphasized that these laws reflect the state’s long-standing police powers.
There’s no response yet from Wiener’s office regarding the situation.
