LACo Supervisors Investigate Legal Challenges of Banning LAPD Identity Concealment

Addressing the Use of Masks by Law Enforcement

In response to recent immigration enforcement actions where federal agents have been seen wearing masks or other face coverings, the county Board of Supervisors has taken a significant step. The board requested its legal team to draft an ordinance that would prohibit law enforcement officers from concealing their identities while on duty. This initiative comes as part of a broader effort to address concerns about transparency and public trust.

The proposal, introduced by Supervisors Janice Hahn and Hilda Solis, aligns with similar measures being considered in the state Legislature and Congress. The motion was approved unanimously, with Supervisor Kathryn Barger choosing to abstain from the vote.

During the meeting, Hahn acknowledged the question of whether the county has the authority to regulate federal agents, including those from U.S. Immigration and Customs Enforcement (ICE). However, she emphasized that requiring officers to identify themselves is a reasonable expectation. She pointed out that people are often instructed to ask for identification when someone claims to be from a public agency, and that other law enforcement agencies typically do so.

"ICE should be held to that same standard," Hahn stated. In their motion, Hahn and Solis highlighted the concerns raised by residents who have witnessed numerous incidents involving individuals in plainclothes or tactical gear, with their faces covered. These encounters have led to fear of impersonators and a lack of trust in law enforcement.

The motion noted that when law enforcement officers conceal their identities, it creates confusion, incites fear, and undermines public confidence. Federal authorities have defended the use of masks by ICE agents, citing a rise in assaults against them. They argue that concealing identities helps protect agents and their families from retaliation.

U.S. Homeland Security Secretary Kristi Noem has mentioned that agents' faces and home addresses have been shared by groups opposing mass deportations. She has vowed to prosecute those who expose ICE agents to the fullest extent of the law, stating that such actions support criminal organizations.

Critics have criticized the actions of masked agents, arguing that they often operate in unmarked vehicles and refuse to show identification when asked. This raises concerns about the potential for imposters to commit crimes under the guise of law enforcement.

Hahn and Supervisor Holly Mitchell both recognized the concerns raised by federal officials regarding threats to agents. However, they maintained that no other law enforcement operation is exempt from transparency. "I’m not sure why ICE feels that they are different," Mitchell remarked.

The motion instructs county attorneys to provide proposed language for an ordinance within 60 days. The ordinance would prohibit all law enforcement officers working in unincorporated areas from wearing masks or personal disguises during public interactions. Exceptions would include undercover operations and the use of gas masks, fire/smoke protection masks, or medical grade masks.

Additionally, the ordinance would require all law enforcement officers, including federal agents, to wear visible identification and indicate their agency affiliation. Barger chose to abstain from the vote, expressing doubts about whether the ordinance would truly offer comfort to residents given the challenges of enforcing it against federal law enforcement.

"I just want to make sure we do something that in fact is going to protect this vulnerable population," she said.