A New Jersey legislative panel is expected to consider a bill Thursday that would ban immigration agents from wearing masks in the Garden State, an idea that has support from Gov. Mikie Sherrill.
The bill, a version of which advanced in the prior legislative session but never made it to a full vote by the Legislature, comes as opposition mounts nationwide to U.S. Immigration and Customs Enforcement agents and other immigration officers increasingly wearing neck gaiters and balaclavas to obstruct their identities during raids.
Legislators say the practice creates fear and confusion, and note that some people have taken advantage of it by masquerading as ICE officers.
“We saw people in the street with masks and no insignia. So not accountable at all, hiding from the population. And we saw again and again an undermining of what law enforcement should do to keep people safe,” Sherrill (D) said during a recent appearance on “The Daily Show.”
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Lawmakers in Michigan, New York, and Massachusetts are considering similar bills.
Under the New Jersey bill, officers would also be required to present sufficient identification before detaining or arresting someone. That would include dressing in a department-issued uniform with the agency’s insignia, showing a department-issued ID, badge, tag, or label, or verbally disclosing the officer’s full name and agency.
It includes exemptions. Officers would be able to wear masks on undercover assignments, to prevent transmission of disease with a doctor’s note, or to protect against smoke during a state of emergency.
The Trump administration has previously said it would not comply with any state law barring officers from masking. They claim agents and their families face doxing and harassment if their identities are revealed while conducting immigration raids.
The measure has drawn sharp opposition from Republicans, though one, state Sen. Jon Bramnick (R-Union), has said he intends to cosponsor it. Assemblyman Alex Sauickie (R-Ocean) on Tuesday issued a statement saying the measure wouldn’t improve public trust or reduce confusion during enforcement operations.
“Democrats in Trenton are increasingly focused on national political messaging instead of solving New Jersey’s real public safety challenges,” Sauickie said. “That kind of performative theater doesn’t help keep communities safe.”
This comes the same week that a federal judge in California ruled that a similar bill in that state is unconstitutional because it applies only to federal agents, not all law enforcement (New Jersey’s measure would ban masks for all law enforcement). But U.S. District Judge Christina Snyder’s ruling says the California law serves the public interest “by promoting transparency which is essential for accountability and public trust.”
“Moreover, the Court finds no cognizable justification for law enforcement officers to conceal their identities during their performance of routine, non-exempted law enforcement functions and interactions with the general public,” wrote Snyder, a Clinton appointee.
The Assembly Public Safety and Preparedness Committee will consider the bill on Thursday along with two other major immigration bills. One would codify the state’s Immigrant Trust Directive, and the other would restrict when governmental agencies and health care facilities can collect certain information from patrons, including information related to a person’s immigration status.
The bills were vetoed by Sherrill’s predecessor, Phil Murphy, on his last day in office last month. It is unclear if Sherrill would sign them if they made it to her desk.
Sherrill took office on Jan. 20, and since then has sharply criticized the Trump administration for its immigration policies. She recently proposed a new state website for New Jerseyans to report federal immigration agents in their neighborhoods and has called for U.S. Department of Homeland Security Secretary Kristi Noem’s impeachment.
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