California may struggle to enforce the new laws, some of which have already raised constitutional questions around the state’s role in federal operations, but lawmakers maintain that they are legally defensible.
California political consultant Mike Madrid said in signing the laws Newsom is showing that he can stand up and fight, whether or not he has a chance of winning.
“In this moment, when there are very few cards to play for state governments and state legislatures, California has done what no other state has done: establish itself as the tip of the spear on resisting a lot of these efforts that are an affront to its values,” said Madrid, a longtime Republican consultant who co-founded the anti-Trump Lincoln Project.
“99% of this is the purview of the federal government. So a lot of it is just symbolic, but symbolism matters. It’s both politically astute but also morally right,” he said.
The package of bills Newsom signed included:
- Assembly Bill 49 prohibits schools from allowing immigration enforcement officers on campus without a warrant.
- Senate Bill 627 widely prohibits federal and local law enforcement officers from wearing face masks while conducting their duties.
- Senate Bill 805 requires that law enforcement officers identify themselves while conducting their duties, with some exceptions.
- Senate Bill 81 prohibits immigration enforcement from entering restricted areas of a health facility without a judicial warrant or court order.
- Senate Bill 98 requires schools and higher education institutions to send community notifications when immigration enforcement is on campus, and prohibits immigration enforcement from entering certain areas without a judicial warrant or court order.
California Democrats began drafting immigration-related bills almost as soon Trump took office in January. Those efforts accelerated after the Trump administration launched aggressive immigration sweeps throughout Los Angeles, which led to weeks of protests and a subsequent National Guard deployment.
“All of this legislative resistance is to protect Angelenos from their own federal government. That is profound,” Los Angeles Mayor Karen Bass said at a news conference with Newsom and other Democratic leaders.
Will the laws make a difference?
Kevin Johnson, an immigration law professor and former dean of the UC Davis School of Law, said the legislation may have a marginal impact on federal immigration enforcement operations.
In 2018, for instance, California passed a law to restrict immigration arrests at superior court buildings. That hasn’t stopped the Trump administration from detaining people at those courts this year.
“The federal government is going to continue doing what it’s doing, in one form or another,” he said. “I do think the legislation gives some hope and optimism to communities that feel under fire, vulnerable and basically hated by the federal government.”
Shiu-Ming Cheer, deputy director at California Immigrant Policy Center, remains hopeful that the package of bills will ensure safety for people attending school and accessing health care.
“With most laws, there has to be really vigorous monitoring, both by the state as well as by advocates to ensure that it’s truly being implemented and followed,” she said.
California police opposed mask ban
The most controversial bill in the package was Democratic Sen. Scott Wiener’s proposal to widely ban federal and local law enforcement officers from wearing face masks while conducting their duties. The law, also known as the “No Secret Police Act,” does not apply to certain forms of face coverings, such as face shields, and it exempts some officers, including those who are undercover. Officers who violate the law will face an infraction or misdemeanor.
Wiener and Democratic Sens. Jesse Arreguín, Sasha Pérez and Aisha Wahab championed the legislation after seeing footage of masked and unidentifiable agents carrying out operations.
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