From ‘safety’ to ‘fascist state’: Senators share opinions on ICE agents wearing masks

Sens. Alex Padilla and Cory Booker, two of the leading Capitol Hill critics of President Donald Trump’s crackdown on illegal immigration, introduced legislation this week that would require immigration enforcement officers to clearly identify themselves without masks, leaving senators divided.

Republicans on Capitol Hill dismissed the Democrats’ bill, telling Fox News Digital that immigration agents should be allowed to wear masks to conceal their identities and protect their personal safety. 

“I do think they should be allowed to wear masks, because not only have the ICE agents been threatened, but their families and their children are being threatened. When you have those kinds of threats to your family, just because you’re doing your job and enforcing the law, you ought to be able to protect your identity,” Sen. Cynthia Lummis, R-Wyo., told Fox News Digital. 

U.S. Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers typically wear face coverings during illegal immigration raids and arrests to protect their identity. 

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Padilla, who was handcuffed for disrupting Homeland Security Secretary Kristi Noem’s press conference last month, and Booker, a consistent critic of Trump, proposed the Visible Identification Standards for Immigration-Based Law Enforcement (VISIBLE) Act of 2025. 

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Federal immigration law enforcement officers have been targeted since Trump signed his “big, beautiful bill” – which includes legislation for robust immigration reform – into law last Friday. There have been at least two ambushes in Texas, and protesters clashed with federal officers at the Portland, Oregon, ICE facility. 

Anti-ICE rhetoric intensified in June, when federal officials descended on Los Angeles to conduct raids to deport illegal immigrants, which was met by protests that devolved into riots last month. 

“When there are other people calling for violent attacks on ICE agents, why wouldn’t the ICE agent wear a mask? And it’s not just the ICE agents. It’s his family. You can follow them home, attack his family,” Sen. Bill Cassidy, R-La., said when asked about the new legislation. 

“Let’s not be naive,” he added. “This is an attempt to intimidate the ICE agent. It’s about nothing more than that.”

But Democrats have a different take.

“That’s what you see in a fascist state,” Sen. Jeff Merkley, D-Ore., told Fox News Digital about masked agents. “We are not a fascist state. We are ‘We the People’ and we need to make sure that people are accountable.”

Sen. Mark Kelly, D-Ariz., said, “They should be clearly identified. What’s their agency? Who are they?”

Booker and Padilla’s bill would also require all federal agents to clearly display their agency name or initials and their name or badge number. 

“No masks and clear identification of an ICE agent, I think, promotes safety,” Sen. Tim Kaine, D-Va., added. 

Sen. Mazie Hirono, D-Hawaii, agreed. “Law enforcement should identify themselves,” she said.

Trump weighed in on the new legislation this week, telling Fox News’ Peter Doocy that Booker and Padilla wouldn’t be proposing this bill “if they didn’t hate our country.”

“These officers are doing a tremendous job,” he continued. “They’re great patriots.”

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But Booker fired back on X, writing, “We love America, and love keeping Americans safe. Which is why we introduced the Visible Act that requires ICE agents to wear identifiable badges and conduct their duties unmasked. It’s a fact that policies centered around transparency and accountability are effective in making communities, and law enforcement safer all around.”

Fox News’ Emma Colton contributed to this report.