Homeland Security REFUSES To Comply With Newsom’s “Unconstitutional” Ban on Masks

On Saturday, California Gov. Gavin Newsom signed new legislation that bans ICE agents from wearing masks.

The DHS has just responded with a clear statement to Newsom: take a hike!

Homeland Security said that they will not be complying with Newsom’s unconstitutional orders, especially in a time where violence against ICE is up a whopping 1000%!

Check it out:

To be clear: We will NOT comply with Gavin Newsom’s unconstitutional mask ban.

At a time that ICE law enforcement faces a 1,000% increase in assaults and their family members are being doxxed and targeted, the sitting Governor of California signed unconstitutional legislation… pic.twitter.com/8Me4OOP8t8

— Homeland Security (@DHSgov) September 22, 2025

To be clear: We will NOT comply with Gavin Newsom’s unconstitutional mask ban.

At a time that ICE law enforcement faces a 1,000% increase in assaults and their family members are being doxxed and targeted, the sitting Governor of California signed unconstitutional legislation that strips law enforcement of protections in a disgusting, diabolical fundraising and PR stunt.

@TriciaOhio

Newsom’s ban on masks is set to go into effect by January, but it doesn’t seem likely to get that far.

Fox News has more:

California Gov. Gavin Newsom’s attempt to block authorities from wearing masks during immigration enforcement operations is facing legal scrutiny as critics push back on the governor’s effort to assert power over federal officers.

Newsom, a Democrat, signed a bill over the weekend that bans state and federal law enforcement from wearing masks on the job, a move that Trump administration officials decried as illegal and vowed to ignore. The bill is set to take effect in January.

“We don’t need to abide by this garbage,” a Department of Homeland Security spokesperson said on social media.

Acting U.S. Attorney Bill Essayli of the Central District of California said on “Fox & Friends” on Monday he did not think Newsom’s bill was enforceable. Essayli, who has been in lockstep with the Trump administration on its aggressive immigration enforcement tactics in California, predicted Newsom would sue.

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“I think what the governor might do is he might file a lawsuit,” Essayli said. “He might run to a judge to try to get some sort of order, but we’re very confident. The State of California does not and cannot have jurisdiction.”

Newsom’s measure was part of a string of bills the governor signed to counteract the Trump administration, which has, since the summer, been carrying out controversial immigration raids across California. The Supreme Court recently temporarily cleared the way for ICE authorities to continue conducting immigration stops at farms, car washes and other places where they suspect illegal immigrants might be. But the high court did not weigh in on the authorities’ garb, which at times has included identity-concealing masks and neck gaiters, according to videos.

There are several reasons why Newsom’s ban on masks is extremely legally problematic.

The biggest issue is that federal law prohibits states from interfering with how federal officers, like ICE, operate.

Grok explained:

Federal Supremacy and Preemption: Critics, including the Department of Homeland Security (DHS), Acting U.S. Attorney Bill Essayli, and former DHS officials, argue the state lacks jurisdiction to regulate federal agents’ conduct during official duties. DHS stated it “will NOT comply,” calling the law a “flagrant attempt to endanger our officers” and an “unconstitutional” overreach that interferes with federal operations. Essayli emphasized: “California has no jurisdiction over the federal government,” and directed agencies to ignore it.

This echoes precedents like McCulloch v. Maryland (1819), where states cannot burden federal functions.

Officer Safety and Operational Needs: ICE agents wear masks to prevent doxxing, threats to families, and assaults, which DHS reports have surged 1,000% amid heightened enforcement. Forcing federal agents to unmask could violate due process protections for officers under the Fifth Amendment and hinder enforcement under federal statutes like 8 U.S.C. § 1357, which govern ICE operations without state interference.

Not only is Newsom’s new legislation illegal, it’s also hypocritical.

Keep in mind that this is the same guy that forced citizens to wear masks during the COVID pandemic.

Wait… the guy that FORCED toddlers to wear face masks is now banning them?

— Dr. Dom (@ActualDrDom) September 22, 2025

I thought he liked masks? He’s very inconsistent.

— Robert Burns (@RobertBurns82) September 22, 2025

I also didn’t see Newsom taking an issue with masked rioters attacking law enforcement, looting stores, and burning down cars…

Where was banning masks then?

Odd why they never passed laws to unmask protestors or criminals

— Tha Duece (@jsnjarrell76) September 22, 2025

One last thing: what Newsom is too dull to realize is that the reason ICE agents want to wear masks in the first place is because of what members of the violent left or criminal gangbangers that Democrats protect might do to them or their families if they knew their identities!

That’s the issue here.

Not masks.

The DHS had more to say in an official statement:

The Department of Homeland Security (DHS) vehemently condemns California Governor Gavin Newsom for signing the “No Secret Police Act,” which further demonizes law enforcement and attempts to ban law enforcement from being able to protect their identities to keep them from being targeted by cartels, criminal rings, terrorists, and doxxed online.

This stunt comes as our ICE officers are facing a more than 1000% increase in assaults against them, including vehicles being used as weapons towards them, and doxing campaigns targeting federal officers and their families. When our heroic law enforcement officers conduct operations, they clearly identify themselves as law enforcement while wearing masks to protect themselves from being targeted by highly sophisticated gangs like Tren de Aragua and MS-13, criminal rings, murderers, and rapists. Our officers also wear vests marked with ICE/ERO or Homeland Security and are flanked by vehicles marked with the name of the department.

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“Governor Gavin Newsom is fanning the flames of division, hatred and dehumanization of our law enforcement. At a time that ICE law enforcement faces a 1,000% increase in assaults and their family members are being doxxed and targeted, the sitting Governor of California signs unconstitutional legislation that strips law enforcement of protections in a disgusting, diabolical fundraising and PR stunt,” said Assistant Secretary Tricia McLaughlin. “He signed this piece of legislation the same day his team made a menacing threat against Secretary Kristi Noem online. The violent rhetoric and demonization must stop. To be crystal clear: we will not abide by Newsom’s unconstitutional ban.”