In a move to protect citizens from masked Immigration and Customs Enforcement and partnering law enforcement encounters, two Pennsylvania State Senators have introduced legislation that calls to unmask them.
The “No Secret Police: Unmask ICE” is co-sponsored by Democratic state Senators Amanda Cappelletti, (D-17, parts of Delaware and Montgomery counties) and Nikil Saval, (D-1 Philadelphia), along with 12 other Democrats. No Bucks County legislators have signed on to support the proposed SB 1071.
“You’re operating to serve the public and community and public safety and rule of law, why do you need to conceal your identity while you are doing that,” Saval said.
Cappelletti said the SB 1071 includes provisions to allow masks to be worn under certain circumstances.
“There are exceptions for undercover work, swat teams and some types of pandemic illnesses (such as the Covid-19 pandemic), and we are very clear about those exceptions,” Cappelletti explained.
She said not only unmasking officers, but displaying their badge numbers and professional information is critical to restoring trust in local communities.
Saval noted that this will do a lot to address the lack of accountability for the numerous incidents where ICE agents detain people who are here lawfully without a judicial warrant, often while they are attending routine asylum appointments.
He added that there are many documented incidents of masked ICE officers conducting operations in ways that “fundamentally conceal their identities and separate them from the communities they are purportedly trying to serve. This contributes to an overall sense of immigration enforcement and law enforcement which is tied to operating terroristically – and outside the bounds of the law.”
Saval also pointed to reports of people impersonating law enforcement and ICE officers wearing masks in order to commit crimes or harass people have occurred in Pennsylvania cities and communities – and across the nation.
These situations further cause community trust to break down and erode law enforcement integrity held communities toward law enforcement in general.
“Public safety works best when there’s public trust. SB 1071 ensures that officers performing their duties are clearly identifiable — not hidden behind masks or without a badge,” said Bob Harvie, president of Bucks County Commissioners. Harvie is seeking the Democratic nomination to challenge incumbent Republican incumbent Brian Fitzpatrick to represent Pennsylvania’s First Congressional District.
“The vast majority of officers are dedicated public servants committed to keep our community safe. The kind of transparency in this law protects law-abiding officers, protects citizens and reinforces the professionalism we expect from those sworn to uphold the law. This bill is a step toward safer and accountable policing in Pennsylvania,” Harvie added.
While the GOP holds a razor-thin 27-23 majority in the state senate, Saval believes bringing attention to the need for change means every vote counts in next year’s midterm elections.
He said immigration enforcement is a civil matter and should not be confused with law enforcement in criminal cases.
“You’re operating to serve the public and community and public safety and rule of law, why do you need to conceal your identity while you are doing that,” Saval said.
Half of Pennsylvania’s senate seats are up for election next year. Up to eight seats are “competitive, which “would flip the Pennsylvania senate” to a Democratic majority, according to Saval. This would mean Democrats would also control the legislative calendar, he said.
Chester County state Rep. Paul Friel is the prime sponsor of Pennsylvania’s Officer Visibility Act, (HB 1880) in the House, Bucks County Beacon reported. The bill has seven sponsors, though again none from Bucks County.
“This is meant to end the culture of fear. There are many people who want to be able to trust law enforcement when something goes wrong. Individuals are getting away with this because they are not making clear who they are,” Saval said.
Should proposed legislation in the house or senate pass, it would send a significant message about what is acceptable from law and immigration enforcement.
“We clearly see from masking to occupation in Los Angeles, Chicago and Portland the open flouting of the law and terrorizing communities — at the least there should be bounds on identification,” Saval said.
The legislation is currently stuck in the GOP-controlled state judiciary committee and must clear this committee before it can be presented to the full senate for discussion and a vote. If SB 1071 does not see a vote or pass, Saval said it won’t be the end.
“We will continue to push for this legislation. It’s up to Pennsylvania’s residents [and voters] to determine if it’s acceptable for these people to conceal their identities,” Saval said.
To date, only California has passed similar legislation requiring ICE agents and law enforcement officials to remove face coverings and display visible identification during the course of carrying out their official duties. The Trump administration is suing the state in federal court. Similar bills have also been proposed in New Jersey and Massachusetts.