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: "Our communities deserve to know who is exercising government authority in their neighborhoods," state Sen. Javier Valdez (D-Seattle), the bill's prime sponsor, said in a written statement after the bill's passage.
- Masked or unidentified ICE officers have caused "confusion, anxiety, mistrust and tragedies in our communities" in the past year, state Rep. Julio Cortes (D-Everett) said during last week's House floor vote.
- "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 in Washington, including by exposing local agencies 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) after the Legislature adjourns Thursday to take action on the bill.
- That could include signing the measure, partially vetoing it or letting it become law without his signature.