Arizona GOP wants longer sentences for masked criminals but won’t unmask law enforcement

Republicans in the Arizona Legislature want to put criminals behind bars for longer if they wear a mask during their crime, even as they rejected efforts to ban law enforcement officers from wearing masks while on duty. 

“When a person deliberately conceals their identity during a commission of a crime, it often demonstrates premeditation, and an intent to avoid detection or accountability,” Rep. Quang Nguyen, R-Prescott Valley, said during a Feb. 18 House Judiciary Committee hearing. “Masking can make it significantly harder for law enforcement to identify the suspect, gather evidence and provide justice for victims. This added layer of concealment may also embolden offenders, increasing the likelihood of violent or repeat behavior.”

To combat mask-wearing criminals, Nguyen introduced House Bill 2862, which would step-up sentencing for mask-wearers. 

Ironically, Nguyen’s explanation included many of the same criticisms that critics of President Donald Trump’s violent mass deportation agenda have leveled at U.S. Immigration and Customs Enforcement, whose heavily armed agents are routinely wearing face masks as they carry out their duties.

Democratic lawmakers and immigration advocates have advocated for a ban on mask-wearing immigration law enforcement officers, since they make it more difficult for the public to identify officers who violate the constitutional rights of immigrants and protestors and who break the law while on the job. Reports of immigration officers doing both over the past year while carrying out Trump’s deportation agenda have been widespread.

During the committee hearing, Martin Quezada, a former Democratic lawmaker who now is a staff attorney for the Arizona branch of Council on American-Islamic Relations, argued that the proposal would allow discrimination against Muslim women who wear traditional face coverings. 

Nguyen fired back that as long as those women don’t commit any crimes, they won’t have any problems, adding that he would be subject to the same sentencing enhancements if he committed a crime while wearing his motorcycle helmet. He accused Quezada of supporting discrimination because he wanted an exemption for Muslim women wearing traditional face coverings, but not for motorcyclists. 

Quezada answered that wearing a motorcycle helmet was not protected by the First Amendment in the same way as religious garments. 

“That face covering is not concealment,” he said. “It is an expression of modesty and faith, and it is a religious obligation… Yet under this bill, their daily religious practice becomes a sentencing liability.”

Following the heated exchange during the committee meeting, the Arizona House of Representatives approved an amendment from Nguyen that removed an exemption for law enforcement officers who commit crimes and allowed the courts to also exempt a person who wore a face covering consistent with their sincerely held religious belief. 

While GOP lawmakers are lining up to levy additional punishments on masked criminals, they have no appetite for ensuring that law enforcement officers in the Grand Canyon State are easily identifiable. On Feb. 25, House Republicans voted down an amendment to HB2862 from Rep. Mariana Sandoval, D-Goodyear, that would have banned law enforcement officers from wearing masks while they perform their duties. 

“The purpose of this amendment is simple: Transparency, accountability, and public trust,” Sandoval said. “Peace officers are entrusted with significant authority, including the power to detain, arrest and use force. With that authority comes responsibility.” 

The Phoenix Police Department has already adopted such a policy, Sandoval said, showing that it can work. 

“It promotes professionalism, reinforces accountability, and helps to ensure that interactions between officers and community members are grounded in mutual trust,” she said. 

On Monday, the House passed HB2862 by a vote of 31-25, along party lines. 

Before voting against it, Sandoval said the proposal was framed as a public safety measure, when it’s really political, saying the failure of her amendment to ban face masks for law enforcement officers proved that. 

“If police have the power to detain, arrest and use force, then they have the responsibility to remain identifiable,” she said, adding that when officers hide their faces, it doesn’t make people safer, it just increases fear. 

Nguyen answered that, under the version of the bill that passed the House, if law enforcement officers commit crimes while on duty and wearing masks, they would be subject to the same punishment enhancements. 

HB2862 will next head to the Arizona Senate for consideration.