Scott Wiener falsely claims his ICE mask ban has gone into effect in California—it's been blocked by judge

In a video released on New Year’s Day, California state Senator Scott Wiener claimed that his bill banning Immigration and Customs Enforcement (ICE) agents and other law enforcement from wearing face coverings had gone into effect. The Department of Justice was quick to point out that the bill, under an agreement reached in court regarding an ongoing case, has not yet taken effect.

Wiener said, "It’s now illegal for ICE and other law enforcement to cover their faces in the state of California. Starting today, my new anti-masking law goes into effect. I introduced and passed this law to stop ICE and any other law enforcement from covering their faces and effectively operating as secret police."

He continued, "It is horrifying what federal agents are doing, tearing families apart, operating in the shadows, not identifying themselves, covering their faces so you don’t even know who you’re dealing with." He said this was "absolutely unacceptable, and it’s not how law enforcement should ever be operating." He said wearing masks destroys "community trust and it makes us all less safe."

First Assistant US Attorney for the Central District of California Bill Essayli wrote in response to Wiener, "This isn't true. California has no authority to regulate federal agents. This state law violates the federal Supremacy Clause. We have asked a federal judge to strike it down, and a hearing is scheduled for January 12. In the meantime, California has agreed to put the law on hold and not enforce its unconstitutional mask ban, which is designed to allow radical leftists to dox federal agents enforcing immigration laws."

The US District Court for the Central District of California in early December granted a joint stipulation agreement reached between the plaintiffs and defendants in the case, with the court writing that "Defendants the State of California, Governor Newsom, Attorney General Bonta agree that neither they, nor their officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them, will enforce, or take any action to enforce the Challenged Provisions (as defined in the stipulation of the parties) of Senate Bills 627 and 805 (2025-2026 Reg. Session), against federal law enforcement agencies or officers, until such time as the Court rules on Plaintiff’s motion for a preliminary injunction."

The challenged provisions were sections 2 and 3 of Senate Bill 627, and sections 2 and 10 of Senate Bill 805. Wiener authored Senate Bill 627, which makes it a crime for law enforcement, both local and federal, to wear face coverings while on duty except in limited circumstances. Senate Bill 805 requires that law enforcement in the state that is not uniformed must visibly display identification including their agency and either a name or badge number, except in certain circumstances, like working undercover.