Legislators in California, New York and Pennsylvania and supervisors in Los Angeles County are among some of the electeds pushing similar policies sometimes referred to as “No Secret Police” laws, even as the legal landscape around such rules is murky.
San José City Attorney Nora Frimann said it’s unclear whether local or state laws will hold any sway over federal agents or officers, be they from ICE, Border Patrol, or another agency.
“But it is also significantly troubling to many in the community that masking and other efforts to hide identity can endanger residents, and not allow our residents to know if legitimate law enforcement is occurring and by which agency or branch of government,” Frimann said in an email.
A spokesperson for ICE did not immediately respond to a request for comment about San José’s proposal. The agency has previously told KQED in response to similar legislation proposed by state Sens. Scott Weiner, D-San Francisco, and Jesse Arreguín, D-Berkeley, that officers wear masks and use other methods to avoid identification to prevent “doxxing,” or the publishing of someone’s personal information online to publicly shame or harass them.
Ortiz acknowledged his policy proposal could result in a courtroom fight.
“It may come to a legal argument that we may have to support in partnership with the state of California and other jurisdictions, but I believe that San José has a moral obligation to lead that conversation and to lead in that battle for our immigrant community,” he said.
If the proposal makes it to the full council, there will likely be a discussion of the merits of the policy and any legal implications, Frimann said.
