Washington state Senate passes mask ban to curb federal immigration enforcement tactics

The Washington state Senate has approved a bill (SSB 5855) that bans face-concealing masks for law enforcement officers, with certain exceptions. The bill now goes to the state House for consideration.

Sen. Javier Valdez (D-Seattle) was the bill’s original sponsor. Listing half a dozen incidents around the state in which masked Immigration and Customs Enforcement agents detained people in recent months, Valdez made clear the bill is aimed at the tactics by federal immigration officers. Backers said that they have not heard any complaints of local law enforcement officers failing to identify themselves as already required by state law.

“This is not what public safety looks like in a democracy," Valdez said, speaking on the Senate floor. “This is what happens when accountability disappears, and fear is allowed to take its place.”

Sen. Yasmin Trudeau (D-Tacoma) said an unprecedented 14,000 people signed in to support the mask ban during a public hearing, compared to 2,000 who opposed it.

But she also conceded that there may be legal challenges if the bill passes, given the Trump administration's lawsuit over a mask ban in California. The administration argues the ban is unconstitutional because states don’t have the ability to legislate federal conduct.

But Trudeau said her constituents are calling on state lawmakers to protect them.

"There are very few moments where we get to capture what we are hearing and feeling from the people that we serve,” Trudeau said. “And from my community it doesn’t matter if they have an accent or what their skin color is or their immigration status — everyone is afraid.”

Sen. Jeff Holy (R-Spokane) is a former police officer and opposed the bill. He said he can’t argue with the public concerns over masking. But he said only Congress can restrict what federal agents are doing.

“This is beyond our pay grade,” he said. “I’d love to think we can make a difference. Quite frankly this is something that’s out of our scope.”

Senate Minority Leader John Braun (R-Centralia) also opposed the bill. He said a mask ban won’t address the root cause of the friction between federal agents and “blue” states.

“We’re going to have to calm down and say, is there a way we can allow our state and local law enforcement to cooperate professionally with federal law enforcement," Braun said.

Washington state’s Keep Washington Working Act passed in 2019 restricts local law enforcement from helping enforce federal immigration laws.

Law enforcement organizations including the Washington Association of Sheriffs and Police Chiefs opposed the bill banning face masks, saying they supported the intent but feared the listed exceptions for undercover operations, medical uses, and protective gear might be incomplete or have unintended consequences for local peace officers. The bill gives someone detained in violation of the mask ban the right to sue for damages.

The bill banning face masks passed along party lines 30 to 19. It now proceeds to the House.

California's mask ban for law enforcement is now being challenged by the Trump administration in court. The administration argues that agents with Immigration and Customs Enforcement need face-concealing masks to prevent doxing.

Some U.S. Senators are also calling for a ban on face masks as a condition to approve continued funding for the Department of Homeland Security and avoid a shutdown.