Document Type

Article

Publication Date

2026

http://dx.doi.org/10.2139/ssrn.6145266

Abstract

(Forthcoming 2026) Masked, plainclothes immigration agents in unmarked vans have terrorized communities in Chicago, Los Angeles, Minneapolis, and beyond. The indiscriminate violence committed by federal officers who at times appear indistinguishable from paramilitary units has forced immigrants into hiding and left lawmakers scrambling to address a growing and largely legal anonymity crisis in law enforcement. This Article explores the undertheorized implications of anonymous law enforcement, situating the rise of masked policing within a larger project of democratic retrogression and executive aggrandizement. Anonymity in policing and immigration enforcement frustrates core democratic norms of transparency, accountability, and legitimacy, providing the opacity needed for a faceless and deindividuated state system to terrorize its citizens with impunity. But masks are not merely a tool of democratic regression. They also serve as an important symbol of the authoritarian project underway in America. Anonymity allows the cruelty that long has defined American immigration enforcement to become an open secret, deterring immigrant participation in daily life, blurring the lines between professional law enforcement and vigilantism, and normalizing anonymous violence. It sows racial terror, both harkening back to an era of hooded domestic racial terrorism and leveraging recent judicial blessings to engage in racial profiling. And it fits within the autocratic narrative to allow law enforcement to exact retribution without fear of consequences. The Article concludes with a critique of reactionary and ineffective antimasking legislation and provides an alternative structural account of anonymous policing's harms to animate constitutional remedies situated within the First, Fourth, and Fourteenth Amendments.

Download

Included in

Law Commons

Share

COinS