DOJ official fact-checks California Democrat after he falsely claims ICE mask ban is in effect

Federal lawsuit delays California mask ban enforcement against ICE officers as DOJ official disputes Senator Scott Wiener's claims that the act took effect Jan. 1.

Democratic California Gov. Gavin Newsom (Justin Sullivan/Getty Images)

The Trump administration sued California in November, arguing that two bills, including the No Secret Police Act introduced by Wiener, violated the Constitution’s supremacy clause, which says that when federal and state laws conflict with one another, federal laws win out.

State Sen. Scott Wiener of California (California Sen. Scott Wiener)

"It's now illegal for ice and other law enforcement to cover their faces in the state of California. Starting today, my new anti-masking law goes into effect," Wiener said.

A federal judge is weighing whether to grant the Trump administration's request for a preliminary injunction against the mask ban, but the briefing schedule stretches through next week and a hearing on the matter is set for Jan. 12.

The judge could make a decision soon after the hearing, and if he were to rule in favor of California, the state could begin enforcing its ban at that point.

California attorneys are fighting the lawsuit, arguing that "armed, masked individuals" carried out arrests of allegedly illegal immigrants, and in doing so, "caused terror throughout California, with the public unsure whether they were interacting with legitimate law enforcement or impostors."

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The Trump administration’s lawsuit "ignores [the] careful balance of power between the federal and state governments, seeking to invalidate two California laws. … Each law exercises the State’s historic and long-established police power," state attorneys wrote.

Fox News Digital reached out to Wiener's office for comment.

Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.

https://www.foxnews.com/politics/doj-roasts-pelosis-likely-successor-touting-mask-ban-hasnt-taken-effect