Denver is poised to pass mask ban for ICE agents, joining other cities in pushing back on enforcement
Published in News & Features
Denver is on track to join a growing number of Democrat-led cities that are trying to restrict immigration enforcement operations after the City Council unanimously gave initial approval Monday to a ban on officers wearing masks.
All 13 members of the council voted in favor of the new law, which would ban all law enforcement officers — including those with U.S. Immigration and Customs Enforcement — from wearing facial coverings while detaining or arresting people. It would also require them to wear visible identification.
“We took it for granted that law enforcement wasn’t wearing masks, and it’s not anything that we ever planned or thought of passing, until last year — when we started seeing masked agents harassing people across our country, and even before we saw anyone get murdered,” said Councilwoman Flor Alvidrez, one of the sponsors of the legislation.
The ordinance, which cleared a block vote Monday, still needs approval on final reading next week. If passed, it will go into effect immediately after Mayor Mike Johnston signs the measure.
In a meeting with council members last week, Johnston thanked the bill’s sponsors for their work and said he looked forward to supporting it.
The ordinance would make Denver one of several cities led by Democrats to pass new laws hindering ICE activity during President Donald Trump’s second term. Mayors in Los Angeles, Seattle, New York, Chicago and St. Paul have all signed executive orders in the last few weeks attempting to restrict ICE activity.
The local laws are likely to set up legal battles between local and federal officials.
A federal judge struck down a similar masking law in California earlier this month, stating it was unconstitutional because it exempted state law enforcement officers from the ban, making it discriminatory. The judge upheld a companion law that requires all officers there to display identification.
Supporters of the Denver proposal have expressed hope that it will stand up to similar scrutiny because it would apply to all levels of law enforcement.
In Denver, Alvidrez and Councilwoman Shontel Lewis sponsored the face coverings legislation, initially proposing the idea in January.
“What we’re trying to figure out is where we have some influence and opportunity,” Lewis said Monday. “We are against this inhumane treatment.”
Despite some earlier questions about the ordinance, none of the council members voiced concerns during Monday’s meeting.
“It’s not controversial that they shouldn’t be wearing a mask,” Councilman Darrell Watson said. “That’s the minimum. If you’re going to engage or contact a community member, they should be able to see your face.”
Officers who don’t follow the proposed law could receive a citation carrying a penalty of up to a $99 fine or 300 days in jail. The Denver Police Department would have the ability to arrest anyone who doesn’t comply. A spokesperson said the agency is “in discussions about what implementation could look like, including a plan that prioritizes de-escalation and officer safety.”
”Our goal would be to apply this ordinance in a way that builds trust and transparency without putting officers and deputies or the public at risk,” said spokesman Doug Schepman.
Denver’s measure would allow some exemptions, including for officers involved in undercover operations and SWAT duties or who are wearing religious garb.
A Department of Homeland Security statement to The Denver Post called the proposal “despicable” and a “flagrant attempt to endanger our officers.”
“To be crystal clear: we will not abide by this unconstitutional ban. The Supremacy Clause makes it clear that Denver’s sanctuary politicians do not control federal law enforcement,” according to the statement.
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