In a move that has sparked controversy, Democrats in Washington are pushing forward two proposals that Republicans have labeled as hypocritical.
The first proposal seeks to increase the use of confidential, undercover IDs for investigators from the Attorney Generals Office, while the second aims to limit law enforcement's use of face coverings and demands increased transparency in immigration enforcement.
The Washington State Office of the Attorney General (AGO) requested House Bill 2096 and Senate Bill 5829. These bills, if passed, would permit the Department of Licensing (DOL) to issue confidential drivers licenses and plates to AGO investigators. This would protect their identities during certain undercover operations.
In contrast, a separate Democratic bill would prohibit most law enforcement officers from wearing face coverings, except during undercover work. It would also allow individuals to sue officers who detain them in violation of this rule. A further proposal, supported by Attorney General Nick Brown and Sen. Rebecca Saldaa (D-Seattle), would mandate employers to inform workers of potential US Immigration and Customs Enforcement (ICE) activity when the federal government requests specific records.
As reported by The Post Millennial, Republicans have criticized Democrats for their apparent double standards. They argue that while Democrats condemn secrecy and anonymity in federal immigration enforcement, they simultaneously seek new tools to conceal state investigators. Current law allows the DOL to issue confidential forms of identification to local, state, and federal law enforcement officers involved in covert activities. The proposed AGO bill would extend this authority to investigators dealing with consumer protection, civil rights, and environmental cases.
AGO Deputy Communications Director Mike Faulk defended the use of confidential IDs, stating, The IDs have a very limited and specific use, to allow our staff to pass a cursory identification check without compromising their personal information, where it is relevant to their case work. He further explained that investigators often need to verify age or location to make purchases, access online content, or interact with businesses suspected of illegal activities. Using their real information could reveal their identities and compromise investigations.
Faulk also highlighted the risks investigators face, including online doxxing and attempts to publicize their names. He argued that confidential IDs would limit the ability of targets to share investigators identities within an industry and protect them from harassment or threats. He emphasized that the IDs would not be linked to Social Security numbers and would not be used for activities such as boarding planes, applying for credit, or depositing checks. They would be issued for specific assignments and regulated by rules set by the DOL.
Despite their push for more undercover flexibility for state investigators, Democrats are simultaneously advancing bills aimed at reducing anonymity and secrecy for federal law enforcement. Saldaa and several Senate Democrats have proposed a bill that would ban law enforcement officers from wearing face coverings outside of legitimate undercover operations. If an officer detains someone while violating this rule, the detained person would have the right to sue the officer for damages.
In a separate move, Brown and Saldaa are advocating for businesses to notify employees when ICE requests certain records that could signal impending immigration enforcement actions. Democrats have repeatedly criticized ICE for using masks and unmarked vehicles, arguing that such tactics are frightening, confusing, and can be mistaken for kidnapping by bystanders or targeted individuals.
Federal data reveals a significant increase in assaults on ICE agents, with a rise of over 1,150 percent from Jan. 21, 2025, to Nov. 21, 2025, compared to the same period in 2024 under the Biden administration.
WA State GOP Chairman Rep. Jim Walsh (R-Aberdeen) sees a clear contradiction in the Democrats approach. He believes that confidential IDs for AGO investigators resemble the very tools Democrats criticize when used by ICE and other federal authorities. We will look at the proposal on its own merits, as we should with every bill, but it is very difficult not to see the irony, he said. He urged Brown to acknowledge the inconsistency of his position and reconsider his criticisms of ICE if he wants these same tools for his investigators.
Walsh also emphasized that he views confidential IDs as legitimate tools for law enforcement and said he is open to the AGO using them, provided there is proper oversight. He questioned, Are you going to ensure there's proper oversight of how these tools are used?
In response, Faulk assured that the risk of misuse is extremely small, given the limitations on what the IDs can do and the fact that they are designed solely to help investigators pass a cursory identification check without revealing their real identities.
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