San Jose’s mask policy holds despite federal ruling

A federal judge has temporarily blocked California from enacting a law that would ban federal agents from wearing masks — but a similar policy in San Jose remains intact.

On Feb. 9, federal Judge Christina Snyder ruled that California’s “No Secret Police Act” appears to be discriminatory since it only bans federal agents from wearing masks and not state law enforcement. The law was supposed to take effect Jan. 1, but was halted following a lawsuit from President Donald Trump’s administration. Snyder’s ruling also upheld the “No Vigilantes Act,” which requires law enforcement to display names or badges when on duty.

San Jose Councilmember Peter Ortiz — who initiated San Jose’s anti-mask policy to address community concerns about U.S. Immigration and Customs Enforcement (ICE) — said he confirmed with the city attorney the ruling has no effect on the city’s policy because it applies to all law enforcement.

“This is a significantly important issue for the safety and welfare of our community, and this decision upholds the right of the state and local government to protect its citizens,” Ortiz told San José Spotlight.

City Attorney Susana Alcala Wood did not respond to requests for comment.

The San Jose City Council passed a similar policy requiring law enforcement officers to identify themselves along with it’s anti-mask measure last fall. San Jose leaders have also banned ICE from using city properties for immigration enforcement activities.

Snyder’s ruling leaves open the possibility for future state legislation banning federal agents from wearing masks if it applies to all law enforcement. State Sen. Scott Weiner, who proposed the “No Secret Police Act,” has said he will immediately introduce new legislation to include state police in the law.

“ICE and Border Patrol are covering their faces to maximize their terror campaign and to insulate themselves from accountability,” Weiner said in a statement. “We will ensure our mask ban can be enforced.”

In her opinion, Snyder wrote the two state laws “serve the public interest by promoting transparency” and that there is no reasonable justification for law enforcement to hide their identities. The ruling takes effect Feb. 19.

Huy Tran, executive director of Services, Immigration Rights, and Education Network (SIREN), said the ruling shows the state law  just needs to be adjusted. SIREN is part of the Santa Clara County Rapid Response Network, which trains volunteers to track ICE activity, provides free emergency legal services to immigrants and accompanies immigrants to court hearings.

“The reality is that local law enforcement doesn’t wear masks as a matter of general operations,” Tran told San José Spotlight. “There may be some unique circumstances where that is needed, but a strong policy can account for those limited exceptions, but still set the expectation that law enforcement operate in a way that’s transparent.”

Contact Joyce Chu at [email protected] or @joyce_speaks on X.

AP News reporter Jaimie Ding contributed to this report.