OLYMPIA, WA – A prohibition on law enforcement covering their faces, motivated by masked federal immigration agents, is one step closer to becoming Washington law.
The state House passed the legislation along party lines Tuesday with Democrats in support. The Senate approved it in January. It now heads back to the Senate, which will need to concur with minor changes the House made, before the bill can go to Gov. Bob Ferguson. The governor has indicated strong support for the policy.
The Senate will need to pass the final version before the legislative session ends March 12.
Senate Bill 5855 would bar all law enforcement officers in Washington from masking while interacting with the public, with exceptions for undercover operatives, personal protective equipment and bicycle or motorcycle helmets.
Someone detained by an officer violating the ban could bring civil action against the officer in their official capacity, leaving governments open to legal liability.
“This policy is about accountability,” said Rep. Julio Cortes, D-Everett. “It affirms a simple principle that when law enforcement officers are exercising their authority in public-facing duties, that public has the right to know who is policing them.”
The legislation is one of several ways lawmakers are looking to respond to growing concerns about the federal immigration crackdown under President Donald Trump. In Washington state and elsewhere, people have been detained by U.S. Immigration and Customs Enforcement agents obscuring their identities with face coverings.
The Trump administration is likely to challenge the policy in court if signed into law. The legislation would take effect immediately upon the governor’s signature.
The federal government has argued agents need the gaiter-style face coverings to protect themselves and their families from being targeted by members of the public. The U.S. Department of Justice has also said such state policies are an unconstitutional regulation of the federal government.
“This bill makes a do-nothing political statement at the expense of the safety and privacy of our law enforcement officers,” said Rep. Jeremie Dufault, R-Selah, “because the Supremacy Clause of the U.S. Constitution prohibits state governments from interfering in the enforcement of federal law.”
The Trump administration recently won a preliminary court decision against a similar law in California. The issue there came down to the new California law applying to federal agents but not to state law enforcement officers. The federal judge in the case, though, left open the possibility of such a law standing if it applied equally.
The California lawmaker who championed the state’s law is pushing legislation to cover state police under the prohibition.
The Washington state proposal applies the same standard to all levels of law enforcement.
In a statement after the Californiq court ruling last month, bill sponsor Sen. Javier Valdez, D-Seattle, said his legislation was “carefully drafted to protect constitutional rights while ensuring accountability.”
“While we are always mindful of potential legal challenges once the bill is passed, we cannot allow that to distract from the urgent reality in our communities: families continue to live in fear of masked officers taking people from our streets without transparency,” Valdez continued.
The Denver City Council has passed a ban on all officers from wearing face coverings while detaining people. City leaders believe it will withstand a potential legal challenge because it applies equally to all types of law enforcement.
In floor debate that stretched nearly two hours Tuesday, Washington House Republicans offered over a dozen amendments to the proposal. Democrats only agreed with a couple, including one to exempt head or face coverings worn for religious purposes.
Backers see the proposal as an extension of a 2021 Washington law requiring officers be “reasonably identifiable” while on duty.
The state Senate on Tuesday passed legislation that would make it a gross misdemeanor to falsely identify as a police officer. Ferguson requested the bill, inspired in part by people masquerading as ICE agents. It now goes back to the House to agree with amendments before Ferguson can sign it into law.
This story first appeared on Washington State Standard.
