AG Campbell skeptical of proposed law to ban ICE agents from wearing masks

Local News

Campbell said she’s concerned by ICE’s tactics, but cautioned that state authorities have little power over federal agents.

Attorney General Andrea Campbell expressed skepticism Tuesday about potential state legislation that would seek to ban law enforcement officers, including those at the federal level like ICE agents, from wearing masks to conceal their identities. 

As federal immigration agents continue to operate in Massachusetts while wearing masks, there appears to be growing support in the State House for a bill that would prohibit the practice.

Campbell was asked about the legislation during an appearance on GBH’s “Boston Public Radio” Tuesday morning. Although she expressed concerns about the conduct of ICE agents, Campbell said that state legislation would not be an effective tool in getting agents to remove their masks. 

“To be able to implement that against ICE officials? Nearly impossible. And I don’t mince my words there,” she said.   

Holding federal officials and agents accountable is much more of a challenge for her office than holding local and state police accountable, Campbell said. Any legislation meant to restrict mask usage of federal agents should be pursued at the federal level, she added. 

This is a matter for U.S. Attorney Leah Foley’s office, Campbell said, while calling out Foley’s office for neglecting its duty. 

“In the context of ICE, this would be your U.S. Attorney where you would say, ‘Hey they are in our communities, perpetuating fear, wearing masks, no transparency, no accountability. Our local law enforcement can’t do that, you should be holding them accountable.’ That’s the U.S. attorney’s job. They’re not doing that,” she said. 

A spokesperson for Foley’s office did not return a request for comment, and Boston.com received an automatic reply citing the ongoing government shutdown. Media inquiries not related to “national security, violations of federal law, and essential public safety” will only be considered when the “lapse in appropriations” ends, the automated email said. 

In September, California Gov. Gavin Newsom signed a law banning law enforcement officers at all levels from wearing masks to hide their identities. The law was not set to take effect until 2026, but the Trump administration swiftly ordered federal authorities to ignore it. The acting U.S. attorney for the Central District of California said that the law is unconstitutional and referred to the Constitution’s Supremacy Clause. 

In Massachusetts, Democratic state Rep. Jim Hawkins filed a bill in July aimed at un-masking federal agents. Senate President Karen Spilka recently expressed support for the bill and compared the actions of federal agents to “1930s Germany,” The Boston Globe reported.

ICE officials say that masks are necessary to protect agents from being “doxxed” by members of the public who do not agree with their tactics. 

“I’m sorry if people are offended by them wearing masks, but I’m not going to let my officers and agents go out there and put their lives on the line, their family on the line, because people don’t like what immigration enforcement is,” Todd Lyons, the acting director of ICE, told reporters earlier this year. 

Campbell’s office is monitoring ICE activity, but she is focused on practicable actions that could have an immediate and tangible impact, she said. 

“We don’t want to just be passing things for the sake of passing things,” she said. 

When pressed, Campbell said that officials “could try to test things” and referred to ongoing discussions in the State House. But actually taking enforcement actions against a federal official would likely face many roadblocks and elicit the wrath of the Trump administration. 

“If we were to arrest an ICE official, it’s very difficult, a judge might even throw it out because of Federalism. But what’s worse is retaliation and retribution coming from this federal administration is very real,” she said. 

Campbell was adamant that she has “no fear,” but said that these are considerations that need to be taken into account. 

But fear is palpable for many citizens and non-citizens alike in Massachusetts, who say that ICE agents are engaging in overly aggressive tactics and point to incidents like the detainment of a 13-year-old from Everett who is now being held in Virginia. Petitions are circulating online to pressure lawmakers to support the anti-masking bill. 

Since ICE agents routinely hide their identities, there is now more of an opportunity for criminals to impersonate agents in order to commit crimes, concerned residents and immigrant advocates say. 

Later in the GBH segment, a caller asked Campbell about what residents expressing their First Amendment rights should do if they are approached by people in masks who threaten them and refuse to identify themselves. 

She urged people to treat this like any other potentially dangerous situation by calling 911 or asking for help from bystanders. 

Campbell spoke about getting complaints from local law enforcement officers who have received calls from residents about ICE agents potentially operating in a way that is “egregious and cruel.” She expressed dismay about incidents like this, but reiterated that state officials are very limited in what they can actually do. 

“We have limited tools at times to hold them accountable because their authority lies with the feds, and the feds are not holding them accountable,” she said.