A Maryland Senate committee on Tuesday voted 7-4 to advance a bill banning law enforcement officers, including U.S. Immigration and Customs Enforcement, from wearing face masks despite concerns over the bill’s legality.
One Democrat, Mary-Dulany James of Harford County, joined the three Republicans in casting a no vote.
Though the approval came as little surprise — leadership in both chambers have made curbing ICE a top priority — an amendment to the law took some teeth out of it.
Under its original form, the bill would have made it a misdemeanor criminal offense for any law enforcement officer to conceal their face while performing their duties. The amended version makes it a civil offense, punishable by a $1,500 penalty.
It’s unclear when the entire Senate will vote on the measure. A similar bill is under consideration in the House.
Even if it passes as expected, it remains to be seen whether the law is constitutional. Lawmakers in California passed a similar measure that has been challenged by President Donald Trump’s administration.
At issue is whether states have the right to impose policies on the federal government. Generally, they do not, under the Supremacy Clause of the U.S. Constitution. Law enforcement officers are also granted broad immunity when carrying out their duties, which raises questions as to whether an anti-masking ban could be enforced.
The attorney general’s office has determined the bill is not “clearly unconstitutional,” though its likelihood of standing up in court is in question.
All four lawmakers who voted no said they were displeased with ICE’s tactics, which have resulted in several shootings and have stoked fear and outrage in cities and communities around the country. But they expressed reservations about whether Maryland was overstepping its legal authority and raised concerns about what a potential ban could lead to.
Observers in other cities have taken to filming immigration officers conducting operations in an effort to hold them accountable for what critics say are inhumane actions. An effort to enforce a mask ban could raise tensions even further, dissenting lawmakers said.
“I do not ever want to intentionally create a situation in law that could elevate tensions and risks that not only could hurt law enforcement, but the surrounding public in any of these incidents,” James said when explaining her “no” vote.
It is also unclear whether Gov. Wes Moore, who has condemned ICE’s actions as recently as Tuesday, would sign this bill if passed.
Democrats like Sen. Charles Sydnor of Baltimore County said it was exactly because of those tactics that such a bold measure was needed.
“We’re sitting here talking tonight as if we’re the ones who are stepping out of line when we have an agency that does not abide by constitutional norms nor law enforcement norms. We would not be here attempting to pass a bill like this if they were not masking up, putting our citizens’ lives in danger, putting law enforcement lives in danger.”
Earlier Tuesday, Senate President Bill Ferguson said ICE’s recent operations have been “outrageous” and condemned what he said was the “execution” of Alex Pretti at the hands of Border Patrol officers in Minneapolis on Saturday.
“It just feels like pure evil is part of the operation,” Ferguson said.
The committee also voted 8-3 to ban local law enforcement offices from entering into formal partnerships with ICE. That bill is also expected to pass both chambers.




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