Washington Legislature passes police face mask ban aimed at ICE
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Washington's Legislature approved new limits Monday on law enforcement officers wearing face coverings — a measure designed to target masked federal immigration agents.
Why it matters: The vote positions Washington among states pushing back on federal immigration enforcement tactics.
Zoom in: Senate Bill 5855 bans law enforcement officers — including federal immigration enforcement agents — from covering their faces while interacting with the public in the course of their duties.
- Limited exceptions apply, including if officers are wearing SWAT gear, personal protective equipment, or religious face coverings.
The latest: The state Senate voted 30-19 on Monday to approve minor House amendments to the measure, sending the bill to Gov. Bob Ferguson's desk for his signature.
- Ferguson previously voiced support for the measure and is expected to sign it into law.
What they're saying: "In the last year, we have all been witness to the horrific actions, both nationally and locally, where masked or unidentified ICE officers have caused confusion, anxiety, mistrust and tragedies in our communities," state Rep. Julio Cortes (D-Everett) said during last week's House floor vote on Senate Bill 5855.
- "This policy is about accountability," said Cortes, who sponsored a House version of the proposal.
The other side: The bill passed both chambers along party lines, with Republicans voting no.
- Several GOP lawmakers argued it would hurt law enforcement officers in Washington, including by exposing them to civil lawsuits.
- Critics also questioned whether the state has the power to regulate federal officers.
- "The bill seeks to fix something that I don't know Washington state can fix," Washington state Rep. Dan Griffey (R-Allyn) said on the House floor, citing the Supremacy Clause of the U.S. Constitution.
Catch up quick: The Department of Justice recently challenged a similar law in California on those grounds.
- Last month, a federal judge blocked the California face mask ban from taking effect, ruling that it discriminated against federal officers because it exempted state law enforcement.
- The Washington measure is worded differently, applying to all levels of law enforcement.
- More broadly, federal officials have argued that ICE agents wear masks to protect themselves and their families from harassment and potential violence.
What's next: Ferguson has 20 days (not counting Sundays) to take action on the bill after it reaches his desk.
- That could include signing the measure, partially vetoing it or letting it become law without his signature.