Austin exploring mask ban for law enforcement
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Targeting mask-wearing by federal immigration agents, Austin city officials are considering banning facial coverings among all law enforcement.
Why it matters: Austin could soon join a host of cities and states that are prohibiting the coverings, as part of a wider clash between federal and local governments over policing, privacy and civil rights.
The big picture: The use of face coverings by ICE officers has faced public backlash.
Driving the news: This month, five Austin City Council members asked the city manager's office to "explore prohibiting law enforcement personnel operating within the city from wearing a facial covering when performing law enforcement duties."
- "No More Secret Police," said the memo from the council members, who represent parts of the city with some of the highest concentrations of immigrants.
- "As the situation regarding federal immigration enforcement activities in our region continues to change, we are committed to prioritizing the public safety and civil rights of all Austinites," said the memo.
The other side: "Our officers wear masks to protect themselves from being doxxed and targeted," U.S. Department of Homeland Security acting assistant secretary Lauren Bis tells Axios.
- A ban on facial coverings for law enforcement would be "despicable and a flagrant attempt to endanger our officers," she said, adding that such a prohibition would be unconstitutional. "The Supremacy Clause makes it clear that Austin's sanctuary politicians do not control federal law enforcement."
Context: ICE agents are not required to wear body cameras, can cover their faces, don't have to provide badge numbers or identify themselves and can operate out of unmarked cars.
Zoom out: Mask bans have been picking up nationally.
- Earlier this month, the Denver City Council voted unanimously to ban law enforcement from wearing face coverings.
- Portland, Oregon, officials are considering a similar move following the passage of a state law proposing such a ban.
- On March 25, New Jersey's governor signed legislation banning ICE agents and police from wearing masks on the job.
Yes, but: After California last year became the first state in the country to prohibit federal and local police officers from wearing face coverings, the Trump administration sued.
- In February, a federal judge struck down that law, but suggested that a ban that also included state police officers could pass constitutional muster.
What we're watching: If the Texas Legislature next session bars local governments from prohibiting facial coverings for law enforcement.
- Such a move would land in the Legislature's sweet spot — supporting police and targeting the authority of progressive-minded cities.
What's next: The Austin council members gave city staff until mid-April to put together recommendations for next steps.