- United States
- Mass.
- Letter
Please pass a law like this. ICE needs their qualified immunity removed.
Under California’s SB 627 (the "No Secret Police Act"), which went into effect on January 1, 2026, officers lose their qualified immunity for a very specific reason: transparency is now a legal requirement for the job.
Here is the breakdown of why they lose that protection:
1. The Legal Violation Prevents Immunity
Qualified immunity is only supposed to protect officers who act "reasonably" and don't violate "clearly established law." Since SB 627 makes it a crime (a misdemeanor) for an officer to obscure their face during routine duties, any officer wearing a mask is now actively breaking the law. You cannot claim the protection of the law while you are in the middle of violating it.
2. The "Willful Violation" Clause
The law specifically states that if an officer "knowingly and willfully" violates the mask ban and then commits a tort (like assault, false arrest, or battery), they are barred from asserting any privilege or immunity in a civil action.
3. Personal Financial Liability
Because they lose that immunity, the officer can be sued personally.
* Minimum Penalty: The law sets a minimum statutory damage of $10,000 if they are found liable for an offense while masked.
* No Shield: Normally, the government's "qualified immunity" shield would get these lawsuits thrown out before they even start. Now, a citizen can take that officer all the way to trial.
4. Safety vs. Accountability
The law explicitly rejects the argument that "general fear" for safety is enough to justify a mask. It forces a choice: if an agent wants the legal protection of their badge, they must show their face. If they hide their face to avoid being identified, they are treated as an individual acting outside their legal authority, leaving them wide open to lawsuits.