L.A. County supervisors poised to prohibit ICE agents from wearing masks. Will they prevail in clash with Trump?

Los Angeles County supervisors are preparing to vote on a new ordinance that would forbid law enforcement officers, including Immigration and Customs Enforcement (ICE) agents, from concealing their identities while carrying out operations in unincorporated areas of the county. The move is expected to spark a legal conflict with the federal government.

The ordinance, set to be introduced for a vote by Supervisors Janice Hahn and Lindsey P. Horvath on Tuesday, would mandate that all law enforcement personnel, at local, state, and federal levels, display identification and clearly indicate their agency affiliation. The initiative follows concerns raised by residents over masked federal agents conducting immigration raids in Los Angeles neighborhoods and workplaces since June.

Masked officers and lack of identification have fueled fears that individuals could be impersonating law enforcement. Many residents have contacted local police or sheriffs deputies for assistance, only to be told that local agencies do not intervene in federal operations.

If approved, the ordinance will return for a second vote on December 9, and would take effect 30 days afterward. Legal experts, however, question whether federal agents would be obligated to comply, noting that similar state legislation has already faced federal legal challenges. L.A. County Counsel Dawyn R. Harrison warned that the ordinance could be contested under the supremacy clause, which prioritizes federal law over state and local statutes.

Supervisor Hahn acknowledged the likely federal pushback but emphasized the ordinance is a response to repeated incidents of residents encountering plainclothes or masked agents who refuse to identify themselves. This is how an authoritarians secret police operate not legitimate law enforcement in a democracy, Hahn said. This ordinance is designed to protect our residents constitutional rights.

Recent incidents include ICE agents detaining individuals at worksites across Long Beach, sometimes in front of local police, while wearing masks and street clothing, and using unmarked vehicles. Hahn cited these cases as central to the need for the ordinance, which includes exemptions for undercover operations, SWAT duties, or protective reasons.

Department of Homeland Security spokesperson Tricia McLaughlin defended masked operations as necessary for officer safety, noting that agents verbally identify themselves, wear agency vests, and operate vehicles marked with department names. She stated that the federal administration will not comply with any mask bans, calling such restrictions despicable and dangerous to federal officers.

The ordinance comes amid ongoing immigration raids that have resulted in at least 5,000 arrests in the county since June 6, with the number continuing to rise. Hahn stressed the importance of policies that reinforce immigrant rights and ensure that law enforcement is transparent in its actions.

The California Legislature has enacted similar measures requiring officers to show identification and forbidding on-duty face coverings, but these laws have faced federal lawsuits challenging their constitutionality. Federal authorities, including Attorney General Pam Bondi, have argued that such laws create risks for federal agents and cannot be upheld.

Concerns over masked federal officers have also been highlighted internally. In October, the FBI issued a memo encouraging agents to display identification in public, citing incidents where criminals impersonated immigration agents, leading to kidnappings, assaults, and other crimes.

Los Angeles County's decision to propose a new ordinance prohibiting law enforcement officers, including federal agents, from concealing their identities while conducting operations in unincorporated areas reflects growing concerns among local residents. The law would require all officers, regardless of their agency, to visibly display their identification and clearly state their agency affiliation during operations. This move, spearheaded by Supervisors Janice Hahn and Lindsey P. Horvath, aims to address the fear sparked by masked federal agents conducting immigration raids in local neighborhoods and workplaces.

The ordinance has prompted legal questions about its potential conflict with federal authority. Experts point out that the supremacy clause of the U.S. Constitution, which asserts federal law over state and local legislation, could lead to a legal challenge. If passed, the ordinance could face opposition from federal agencies, including Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS), which have already criticized similar measures in other states. The dispute underscores the growing tension between local and federal law enforcement approaches, particularly in the context of immigration enforcement.

While the local measure is seen as a safeguard for residents' constitutional rights, it also raises concerns about officer safety and operational efficiency. Federal agents argue that masked operations are crucial for their safety and for maintaining operational integrity, especially when dealing with undercover or high-risk situations. The federal government's stance highlights a fundamental divide over how law enforcement should be conducted, especially regarding transparency versus security concerns.

The second vote scheduled for December 9 and the potential implementation 30 days after approval signals the county's resolve. Yet, the likelihood of a federal legal challenge remains high, given the precedent of similar state laws being contested. The outcome of this situation will likely set a significant precedent for future clashes between local authorities seeking to safeguard residents' rights and the federal government's need for operational flexibility in law enforcement.

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• L.A. County supervisors are set to ban masks worn by ICE agents. Can they win a battle with Trump?