Immigrant rights groups demonstrated outside the Kenneth Hahn Hall of Administration on Dec. 2. (photo by Edwin Folven)

The Los Angeles County Board of Supervisors approved a measure on Dec. 2 to create an ordinance prohibiting law enforcement officers, including federal Immigration and Customs Enforcement agents, from wearing masks or concealing their identities while on duty in unincorporated areas of the county.

The measure, authored by Supervisor Janice Hahn, 4th District, and co-authored by Supervisor Lindsey Horvath, 3rd District, was approved 4-0, with Supervisor Kathryn Barger, 5th District, abstaining over concerns about the county lacking power to enforce the law. The measure came in response to numerous instances throughout the Los Angeles area since June where masked federal authorities have targeted and arrested people during immigration enforcement operations.

“I never thought I would see the day when a masked, anonymous federal police force would be swarming our neighborhoods targeting people based on the color of their skin or the language they speak, and forcing men and women into unmarked vans at gunpoint. This is how an authoritarian’s secret police operate – not legitimate law enforcement in a democracy,” Hahn said. “This is about our residents’ constitutional rights.”

“Adopting this ordinance is a direct response to the federal government’s shameful targeting of immigrant communities in Los Angeles County. No law enforcement officer should ever be allowed to hide behind a mask or conceal their identity while operating in our neighborhoods – not ICE, not anyone,” Horvath said. “If their actions are truly in the public’s interest, they should be willing to stand openly behind them. In Los Angeles County, transparency is not optional, and no agency gets to operate in the shadows to terrorize our residents.”

The supervisors acknowledged that the ordinance will likely be challenged in court by the federal government, and it is unclear how the county will enforce the law. A second reading of the ordinance is expected to take place on Dec. 9 and if approved, the law will go into effect 30 days later.

The county’s ordinance follows the passage of similar state legislation. The Trump administration sued the state of California claiming that laws requiring the unmasking of agents violate the Constitution’s Supremacy Clause. The United States Department of Homeland Security has said it will not comply with county and state unmasking laws, and masked agents continue to conduct immigration enforcement operations in Los Angeles.

“If this means a fight with the federal government, I think it is a fight worth having,” Hahn added. “We cannot give in now and make this OK in America.”

Immigrant rights groups demonstrated outside the Kenneth Hahn Hall of Administration in Downtown Los Angeles on Dec. 2 ahead of the vote. The group chanted “Evict ICE, not us” and called on the supervisors to do more to ensure immigrants and low income residents are protected. Members of the group, including street vendors and car wash workers, detailed how immigration raids have led to fear and financial impacts.

“The past few months have been particularly challenging for our family. My husband’s work has slowed down when immigration agents are in the area. The car wash often closes out of fear of being targeted,” said Betty Hernandez, of CLEAN, the Community Labor Environmental Action Network. “We are living with a constant fear and stress about the possibility of being caught, which is affecting us, economically and emotionally and morally.”

“Our community is living in fear because of the ICE raids that terrorize our community. Many of us have had to stop going to work out of fear that immigration agents would detain us. And what happens when we can’t go to work? We can’t pay the rent, and when we can’t pay the rent, eviction follows,” added Tony Martinez, of the Community Impact Network.

A day after the board of supervisors approved the ordinance, Gov. Gavin Newsom and California Attorney General Rob Bonta announced a new online state portal where people can report misconduct by federal agents. The goal is to assist members of the public in sharing information with the California Department of Justice regarding potentially unlawful activity by federal agents and officers. The public is encouraged to submit video and photographs, which the California Department of Justice will use to create a record of potential unlawful conduct by federal agents.

“This new portal gives Californians an easy and safe way to speak up, share what they see and help us hold people accountable,” Newsom said. “No one is above the law.”

To access the state portal, visit oag.ca.gov/reportmisconduct.