DOJ Sues California to Block Limits on Federal Law Enforcement Operations
The Department of Justice (DOJ) filed suit to stop two California state laws from taking effect in January that will impact the way federal law enforcement conducts operations in the state.
One law prohibits federal, state, and local law enforcement officers from wearing masks as they work. The other requires federal LEOs not in uniform to display visible identification during operations. There are exceptions to both for undercover operations. Both will also impose criminal penalties on law enforcement for non-compliance in certain cases.
In its filing at a federal court in Los Angeles, DOJ says it will not comply with the state laws, claiming they’re unconstitutional and endanger officers on the job.
"Federal law enforcement agencies cannot and will not comply with the challenged Acts, which are unconstitutional and recklessly disregard officers' safety and federal operational needs,” stated DOJ in its filing.
DOJ says the laws violate the Constitution’s Supremacy Clause by attempting to regulate the activities of federal officials.
It also says the laws will “have the purpose and likely effect of impeding federal law enforcement in the State of California” by causing federal officers to fear they could face prosecution in state courts.
The laws were signed by California Governor Gavin Newsom (D) in September. Supporters say they are necessary to provide accountability for immigration and enforcement removal efforts and for protecting people protesting removal efforts.
"If the Trump administration cared half as much about public safety as it does about pardoning cop-beaters, violating people's rights, and detaining U.S. citizens and their kids, our communities would be much safer," said Diana Crofts-Pelayo, a spokesperson for Governor Newsom. "We'll see the U.S. Department of Justice in court."
However, the Trump Administration says the laws will make it easier for activists to intimidate federal law enforcement.