Newsom can unmask ICE — if he's willing to take risk

California mask ban for federal agents could stand if it applied to state officers too. But dropping that carve-out would have a political cost.

- ANITA CHABRIA COLUMNIST

CALIFORNIA’S mask ban was ruled unconstitutional because it has an exception for state law enforcement.

(MYUNG J. CHUN Los Angeles Times)

Today we have a bit of good news, maybe. It will depend on Gov. Gavin Newsom, and if he's willing to cross his friends (and potentially risk his presidential prospects) to protect his constituents — and democracy.

Before we get to the nitty-gritty of that political rock-and-a-hard-place, let's recap the grim moment we are in.

The immigration crackdown isn't continuing — it's expanding. The government is buying up warehouses to store detainees, citizens and undocumented immigrants alike, like undeliverable Amazon packages, tens of thousands of them apparently.

At the same time, MAGA Republicans don't just condone this frightening authoritarianism — they applaud it. At a congressional hearing this week, multiple Republicans thanked ICE and Border Patrol for their actions, despite recent polls that show about 60% of Americans disapprove of Trump's immigration and border policies.

Into that not-so-sunny situation dropped a federal court ruling this week that offers a ray of hope for at least unmasking federal agents and doing away with secret police.

Last session, California's Legislature passed two bills aimed at adding transparency to the immigration crackdown. Broadly, one bill required all law enforcement — local, state and federal — to have some kind of identifying number and agency on them.

The other forbade them (with many necessary exemptions) from wearing masks.

The feds sued to block both laws. In her ruling this week, U.S. District Judge Christina A. Snyder upheld the identification law but said the law forbidding masks was unconstitutional because it contains an exception for state law enmeaning it forcement applies only to local and federal agents. That, she found, makes it a form of discrimination against the feds.