An LAPD officer walks near masked federal agents outside Dodger Stadium on June 19, 2025, in Los Angeles. (Mario Tama/Getty Images)
Acting U.S. Attorney Bill Essayli of the Central District of California said on Fox & Friends on Monday he did not think Newsom's bill was enforceable. Essayli, who has been in lockstep with the Trump administration on its aggressive immigration enforcement tactics in California, predicted Newsom would sue.
"I think what the governor might do is he might file a lawsuit," Essayli said. "He might run to a judge to try to get some sort of order, but we're very confident. The State of California does not and cannot have jurisdiction."
California Gov. Gavin Newsom speaks at a press conference at the Democracy Center, Japanese American National Museum, on Aug. 14, 2025, in Los Angeles. (Mario Tama/Getty Images)
California-based attorney Neama Rahmani, a former federal prosecutor, told Fox News Digital that if courts end up weighing in on Newsom’s bill, they will likely raise the separation of powers and the supremacy clause, the part of the Constitution that says federal law trumps state law.
Rahmani said that while states can impose "reasonable restrictions" on federal law enforcement, such as traffic violations, dictating what the officers wear is different.
"You have the state imposing restrictions on the federal government, and those restrictions can really unduly interfere with their law enforcement functions, right?" Rahmani said. "The state is saying that unmasking these federal officials is necessary to restore public trust, but really it's a safety issue, right? They can be doxed. Their families can be put at risk, so I can easily see this specific regulation being struck down by the courts."
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Essayli accused the governor of using what he described as a "silly" bill to try to "inflame the public."
"You have this narrative that people are out there being kidnapped. It's not true," Essayli said. "They're federal agents. They're acting under federal law, and if he doesn't like it he should change the law."
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/newsom-faces-pushback-over-banning-ice-agents-from-wearing-masks