FILE - Councilor Sameer Kanal at a Portland City Council meeting on Feb. 5, 2025, Portland, Ore.
Anna Lueck for OPB
Portland officials approved a policy Wednesday that supporters say could open the door for local police to stop federal agents and ask for their identification, in a move aimed at stopping potential imposters. But the plan likely faces legal challenges.
The policy, led by Councilor Sameer Kanal, bans law enforcement officers from wearing face coverings and requires they wear clear identification. It also requires Portland Police Bureau officers treat masking as a “potential criminal act” if a person doesn’t show credentials verifying they are a member of law enforcement.
Kanal said the proposal responds to concerns he’s heard from members of the public who are afraid of people pretending to be federal immigration agents, which has happened elsewhere.
“With this vote we can show them that they are not alone, that their city has their backs, and that secret police have no place in a democracy,” Kanal said Wednesday.
The ordinance, which passed with an 8-4 vote, was co-sponsored by Councilors Elana Pirtle-Guiney and Angelita Morillo. The proposal faced early criticism for appearing to suggest that PPB would be asked to penalize federal officers who wear masks, which is barred by the U.S. Constitution.
“Let me say this clearly, this ordinance cannot and will not unmask ICE agents,” Kanal said.
Last month, the 9th U.S. Circuit Court of Appeals blocked enforcement of a California law that would require law enforcement officers to wear identification, finding states lack authority to impose those rules on federal agents.
Councilor Steve Novick, who supported Portland’s policy, said he believes there’s a “high likelihood” it will be struck down in court because of the federal appeals court’s ruling.
“But we do have strong legal arguments, and it’s an important cause, so I think it’s worth taking a chance that we might prevail,” said Novick.
Both Mayor Keith Wilson and the city’s rank-and-file police union have urged councilors to reject the proposal. Portland Police Association president Aaron Schmautz said the plan needs to first be bargained over in labor negotiations with the city before becoming policy.
PPB Chief Bob Day told councilors Wednesday that the policy won’t do much, as state law already prohibits people from impersonating law enforcement.
“This is going to require us to develop a policy, it’s gonna require us to train to that point, it’s going to require the documentation for the granting of the exceptions,” Day said. “These are all additional tasks, and they may seem small or insignificant, but they do add to a workload that’s already substantial.”
Those who opposed the policy raised concerns that it violates labor laws and expands administrative workload for PPB during a period of significant budget cuts to public safety.
“I’m very concerned about encroaching fascism,” said Councilor Olivia Clark. “But I cannot in good conscience vote for something that does really not make a difference, but maybe makes people feel good.”
OPB reporter Troy Brynelson contributed reporting.
