In January, the state of California and its largest county will ban law enforcement officers from covering their faces, with a few exceptions, putting local and state police at odds with masked immigration agents.
there’s an entire “constitution” that “bans” lots of shit but these nazi thugs do it anyway.
But now the state police or city cops can arrest an ICE agent if they identify themselves as such while masked, right? That’s s step in the right direction.
Assuming they actually enforce the law… how many laws are passed that don’t get enforced… I mean look at the felon in the White House. Dude should be in a cell for life but here we are.
Maybe one that isn’t a bastard will do it
Expect the feds to invoke the Supremacy Clause and claim being arrested interferes with them executing their duty as a federal agent. They are going to blatantly ignore this law. We’re not going to win this by pitting just state laws against unjust federal agents.
So will local and state police now do their jobs and arrest ICE agents flaunting their state’s laws? At some point they need to choose sides.
Then again, what if the Trump admin passes a Federal law stating ICE agents must explicitly wear masks? What then?
Not a lawyer, but I’m going to guess this will matter more for court cases from ICE. Evidence of wearing a mask? Instant dismissal
I don’t see how. These will be federal offenses tried in federal courts. Additionally I don’t see how that would even invalidate the alleged crimes/ immigration claims the accused is facing.
Now to be clear I do like this law. It will interfere with ICE. I just don’t see the grounds for courts to use it to throw out cases
Unfortunately I think the chances are high the corrupt supreme court will strike this down. But you gotta try.
I’m genuinely curious but are there ways for state law to supersede federal law here? It happens with other types of issues like minimum wage, but this is targeting federal agents and their safety directly.
It’s quite complicated. Basically state law can never contradict federal law. So the question will come down to whether this masking is a legitimate exercise of federal law. While I think it obviously isn’t because there’s no law requiring ICE agents to mask, I’m sure they will make the argument that it’s part of federal discretion in how they choose to execute laws that do exist. Again, it’s hard to make any reasonable argument that masking materially helps them in executing their duties, but the courts have traditionally given a pretty absurd amount of leeway to the Feds when it comes to this kind of thing. This will probably give the SC just enough wiggle room to expand federal dominance over state law and strike this down.
But who knows, that’s just my slightly educated prediction. I’m not a lawyer or anything.
The morality of it is pretty simple
If you want to wear a mask to hide your identity because of what you are doing … chances are you know what are you are doing is wrong and you don’t want to be held accountable for it later.
If you honestly believe in what you are doing and have all the faith in the world that what you are doing is morally, philosophically and politically correct … then you should never have the need to want to wear a mask to hide who you are.
Wearing a mask is the sign of a coward who doesn’t have the conviction to stand up for what they believe in.
You can need to hide your identity while being morally, philosophically, and politically correct if there’s a good chance you’ll be persecuted by a fascist regime or something
The rules both legally and morally for hiding your identity are very distinct when applied to those in power.
