Washington Democrats push bill to ban masked law enforcement, including ICE

State Senator Javier Valdez (D-Seattle) introduced new legislation aimed at prohibiting law enforcement officers, including federal Immigration and Customs Enforcement (ICE) agents, from concealing their faces while on duty. Senate Bill 5855 is a direct response to practices observed during immigration raids, where masked ICE agents have concealed their identities.

Valdez claims that anonymous policing damages public faith and invites potential abuse.

“If a law officer is stopping or questioning you, you have the right to know who they are,” Valdez said, according to KOMO News. “Anonymous policing erodes trust, invites abuse, and threatens the safety of everyone involved.”

The bill, however, is mostly symbolic. Critics note these types of bills are unconstitutional because a state cannot regulate or restrict the operations, attire, or conduct of federal agents; under the Supremacy Clause, federal authority overrides state attempts to control federal law enforcement.

Mandatory identification and limited exceptions

The proposed legislation would ban items like balaclavas, tactical masks, gaiters, and ski masks that obscure an officer’s identity.

The bill reinforces existing state law (RCW 10.116.050) requiring officers to display their names or other identifying information clearly. It carves out only two narrow exceptions where face coverings would be permissible: when officers are engaged in active undercover operations and when SWAT officers are using protective face gear when absolutely necessary for tactical duties.

Explicitly allowed items include clear face shields, medical masks, respirators for hazardous conditions, and transportation helmets.

Accountability and legal recourse

SB 5855 not only sets new rules but also establishes a path for legal action against officers who violate the ban. The legislation grants individuals who are detained by a non-compliant officer the right to sue for compensation, attorney fees, and other court-determined remedies.

Valdez insisted the bill benefits all parties, telling KOMO News, “This bill protects responsible officers and the public.” He emphasized the principle of accountability, adding, “Our communities deserve to know who is exercising government power in their neighborhoods. This bill sets clear rules and ensures accountability.”

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