Our Work

"For this episode, Bridget joins the podcast to provide a deep dive into the difficulties of researching, explaining, and influencing state-level cases and statutes. Bridget highlights how it is SDRI’s mission to fill the gap in legal research by focusing on state constitutions and state-level democracy. One great example is Bridget’s explainer about whether states can prohibit Federal agents from masking while on the job, updated to include recent case decisions."

"Proposals to prohibit federal immigration agents from masking their faces have gained new life in states — thanks in part to a court ruling that blocked the nation’s first such law, in California."

"A California law aimed at prohibiting ICE agents from wearing masks was struck down in court earlier this year. The carve-out that led to the successful Trump administration challenge came out of negotiations between the offices of Gov. Gavin Newsom and Sen. Scott Wiener. Newsom and Wiener have said they were proud to pass the first attempt at an ICE mask ban, and efforts to pass a new version are underway."

"Bridget Lavender, a staff attorney with the State Democracy Research Initiative, said the federal government could override the city’s moratorium because of the Constitution’s supremacy clause, which states that federal law generally trumps conflicting state or local laws. Because the moratorium is already in place, Lavender said, if DHS wants a permit, 'it would require the federal government to challenge the ordinance in court.'"

"Bridget Lavender, a staff attorney with the State Democracy Research Initiative, said LA County could still pursue its own case, even if the pending state laws are struck down. That could lead to what she described as 'a situation where we have different outcomes between the two cases.'

"Since President Trump was sworn into office in January, Massachusetts Democrats have tried using the tools at their disposal — lawsuits, legislation, public condemnation — to counter the federal government’s moves on everything from immigration policy to tariffs."

Property owners have challenged programs meant to assist vulnerable populations, alleging they are unconstitutional takings of private property for public use.

This Report describes the recently enacted mask ban in California and the proposed laws in other states. Under existing precedent, mask bans are neither clearly prohibited nor clearly permissible. This Report also provides an overview of other options states may have to address masking by federal law enforcement.