The Brief
New legislation would prohibit ICE agents from wearing masks while making arrests.
There would be some exceptions.
Critics said the legislation could put law enforcement officers in danger.
VIRGINIA - Virginia’s senators want U.S. Immigration and Customs Enforcement (ICE) agents to lose the masks when making arrests.
In hopes of achieving this, they’ve introduced the "Immigration Enforcement Identification Safety Act" in an attempt to force the change.
The backstory
Sen. Tim Kaine (D–Va.) said the legislation stems in part from an incident that took place inside a Charlottesville courthouse in April. As seen on cellphone video captured by members of the media and others, plainclothes federal agents – one of whom was masked – detained a man while several onlookers attempted to intervene.
"Do not touch me or impede me in my lawful duties, ma’am," one of the agents said.
"They were confused because the ICE agents were wearing masks and were not wearing anything that identified themselves as ICE agents," said Kaine. "So, is this a gang, are these kidnappers, are these rogue agents?"
Now, Kaine and others – including fellow Sen. Mark Warner (D – Virginia) – have introduced legislation that would prohibit ICE agents from obscuring their faces, and it would require that they clearly display their agency and name.
There would be some exceptions. Lawmakers said the legislation also takes steps to protect officers and their families from doxing.
"Allowing willy nilly masked individuals who are ICE agents or who might be posing as ICE agents to enter into altercations with citizens is a really bad idea," added Kaine.
The other side
In response, a senior Department of Homeland Security official sent Fox 5 the following statement:
"Every single day, the brave men and women of ICE step into American communities and put their lives on the line to defend public safety and national security. They arrest criminal aliens, violent gang members, foreign fugitives and child predators who have no legal right to be here and are actively endangering law-abiding citizens. Yet while our officers and agents risk everything for others, rogue activists and media mouthpieces recklessly push false narratives and dangerous misinformation, placing their political agenda above all else.
"This climate of hostility doesn’t just encourage criminals; it puts our agents and officers at greater risk, and as a result, we have seen an 830 percent increase in assaults on ICE officers.
"Of course, ICE officers and agents are highly trained and dedicated professionals sworn to uphold the law. They always have credentials visible and clearly announce who they are. ICE strongly condemns the impersonation of its law enforcement officers or agents. This action is not only dangerous but illegal. Imposters can be charged with various criminal offenses at the state/local level and federally (under 18 USC 912)."
Dig deeper
Similar legislation has also been proposed elsewhere, including at the state and local levels.
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