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Washington state Senate passes bill barring masked law enforcement

Sophia Sostrin, The Seattle Times on

Published in News & Features

OLYMPIA, Wash. — A bill barring law enforcement officers from concealing their identities while performing public duties advanced out of the Washington Senate Wednesday, sending one of the session’s most closely watched public safety proposals to the House amid heightened scrutiny of masked federal immigration enforcement.

Substitute Senate Bill 5855 would generally prohibit officers acting in Washington from wearing opaque face coverings during routine public interactions. Supporters frame the restriction as a transparency and accountability measure that has taken on new urgency following recent, highly publicized killings involving federal immigration agents, incidents that sparked protests nationwide and renewed fears about Immigration and Customs Enforcement activity in the state.

The proposal responds to a growing number of encounters involving masked federal agents in Washington, which bill backers argue have fueled fear and eroded public trust, particularly in immigrant communities.

The proposal has drawn large crowds to Capitol protests and impassioned testimony from immigrant-rights advocates during committee hearings, with supporters framing the measure as a safeguard against what they describe as increasingly anonymous and aggressive enforcement tactics.

During floor debate Wednesday, Sen. Javier Valdez, D-Seattle, the bill’s prime sponsor, described multiple recent encounters involving masked federal agents operating in Washington, arguing the practice spreads fear rather than fosters trust.

“What we are seeing now is terrifying, devastating, and just breaks my heart,” Valdez said. “Masked law enforcement officers are operating without accountability, terrorizing families, and acting above the law.”

Sen. Jesse Salomon, D-Shoreline, said the bill reflects Washington’s democratic values and longstanding expectations around transparency in policing.

“We don’t do secret police here,” Salomon said. “We do democracy. We do peaceful protesting.”

Republican lawmakers opposed the bill, arguing it could put officers at risk and would be difficult to enforce in practice. Sen. Keith Wagoner, R-Sedro-Woolley, said rigid rules may not reflect real-world policing scenarios.

“What’s on paper doesn’t always fit the situation,” Wagoner said.

Sen. Phil Fortunato, R-Auburn, proposed a series of amendments aimed at clarifying when face coverings would be allowed, including during the service of judicial warrants, emergency responses under supervisory authority and while wearing protective or fire-retardant gear. One amendment would have explicitly allowed officers to wear face coverings for a reasonable period following transportation by bicycle or motorized vehicle.

SB 5855 passed the Senate on Wednesday in the third reading with a vote of 30-19, a party-line vote. All four proposed Republican amendments were rejected or withdrawn.

 

Supporters say more than 14,000 Washingtonians have signed on in support of the bill.

Democratic lawmakers acknowledged the limits of state authority over federal agencies but argued the legislation sets an important standard. They noted that most Washington law enforcement agencies already require visible identification, meaning the bill’s practical impact would likely fall on federal agents operating in the state.

The bill includes a private right of action allowing individuals who believe an officer violated the face-covering prohibition to file a civil lawsuit against the officer in their official capacity. Courts could award compensatory or punitive damages, as well as injunctive relief. The legislation does not specify disciplinary penalties, though supporters say enforcement could be addressed through future administrative policies.

Critics questioned how the policy would be enforced in real time, noting it relies largely on after-the-fact civil litigation rather than on-the-ground compliance.

Senate Minority Leader John Braun, R-Centralia, called the bill politically motivated and ineffective, arguing it distracts from more pressing public-safety concerns. Braun said officers could simply switch to medical masks, such as N95s, undermining the bill’s intent.

Senate Majority Leader Jamie Pedersen, D-Seattle, said the legislation has value even if its reach is limited.

“There is value in enunciating this norm,” Pedersen said, calling visible identification foundational to lawful policing.

Gov. Bob Ferguson renewed his request for lawmakers to move the bill quickly to his desk in a Monday presser alongside Attorney General Nick Brown where the state said it was prepared to take legal actions against ICE if Washingtonians’ rights are violated. Brown has also backed the measure, saying every available tool must be used to protect residents.

A companion bill, HB 2173, contains similar provisions but is not expected to reach the House floor until after Feb. 17, according to House Speaker Laurie Jinkins, D-Tacoma.

If approved by both chambers, it would be sent to the governor for final action.

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©2026 The Seattle Times. Visit seattletimes.com. Distributed by Tribune Content Agency, LLC.

 

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