ICE raids in California: federal agents may continue without showing their identification despite state law
ICE Raids in California: Federal agents can continue without showing identification despite state law
A Los Angeles judge had previously supported the obligation to show credentials, but that interpretation was rejected on appeal
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On October 14, the U.S. Court of Appeals for the Ninth Circuit ordered a stay on the application of a California state law known as the No-Trespass Act, which required non-uniformed federal agents to display identification during their duties. The measure affects, among others, agents of Immigration and Customs Enforcement (ICE).
Why will ICE agents not be required to identify in California?
According to the Los Angeles Times, the court decision establishes that California does not have the authority to directly regulate the functions of federal agents without authorization from the United States Congress.
Judge Mark J. Bennett, who wrote the panel's opinion, maintained that state legislation interferes with the activities of the national government.
"As we concluded earlier, the No-Trespass Act attempts to directly regulate the United States in the performance of its governmental functions," the magistrate noted.
The legal dispute between California and the Department of Justice
The conflict began in the fall of 2025 when the U.S. Department of Justice (DOJ) filed a lawsuit against two provisions driven by California.
One of them required immigration agents to display their identification while carrying out their tasks. The other sought to prohibit the use of masks by federal officials and local police officers.
The case reached a federal court in Los Angeles in early 2026, in the context of intensified immigration operations in Minneapolis. During that period, civilians Renee Good and Alex Pretti died from shootings by ICE agents.
The controversy also extended to other jurisdictions. More than a dozen states promoted similar legislative initiatives to establish restrictions on the actions of federal officers.
Legal precedent on masks and identifications
Before the Ninth Circuit's intervention, federal judge Christina A. Snyder had examined both California provisions and adopted different decisions.
- On one hand, she blocked the legislation that prohibited the use of masks by law enforcement agents.
- She considered that the rule established an unjustified exception for certain state police officials.
- On the other hand, she allowed the requirement for identification to proceed for ICE agents and other federal authorities.
Snyder accepted California's argument that this obligation could be compared to a speed limit on a road, rather than constituting direct regulation over the federal government.
However, the Ninth Circuit Court of Appeals rejected that interpretation and overturned the possibility of applying the requirement.
In what context did the decision about ICE raids occur?
The ruling came at a time of changes in the structure of the immigration agency.
ICE began to separate numerous members from the 12,000 new agents it had hired during the previous year.
The immigration policy of the Donald Trump administration was also still present in the American public debate.
A Reuters/Ipsos survey, conducted in September, showed that more than 40% of Americans strongly disapproved of the president's immigration management.
The study also indicated that the proportion of people concerned about unauthorized immigration was almost identical to those who expressed concern about the spread of measles.
Both concerns were below other issues, such as the cost of living, the expansion of data centers, and the war with Iran.
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