Denver ban on masks for ICE agents, other officers approved by city council - Denver7

Denver ban on masks for ICE agents, other law enforcement approved by city council in unanimous vote

The new law would also require federal agents to clearly identify themselves with a visible ID when operating within city limits; DHS called the measure "a flagrant attempt to endanger our officers"

A proposal that would ban ICE agents and other law enforcement officers from wearing masks in Denver is closer to becoming a law after it advanced out a City Council committee Wednesday.

DENVER — Denver City Council on Monday unanimously approved a new law that will ban federal immigration and other law enforcement officers from wearing masks while working within city limits, though how it will be enforced remains a question council members have been reluctant to address.

The law, which Denver7 has been covering for weeks, would also require federal agents to clearly identify themselves with a visible ID from at least 25 feet away when operating in Denver.

Under the new law, federal agents who do not comply could be cited — or even arrested — by Denver police.

The measure, which includes exemptions for things like undercover operations, as well as SWAT, tactical, and emergency responses, applies to any officers using city resources or facilities no matter the agency.

It was not immediately clear when Mayor Mike Johnston was expected to sign the measure into law and when it will go into effect.

Council member Flor Alvidrez, one of the law’s sponsors, previously told Denver7 the law was born out of increasing tensions between protesters and masked and unidentified officers following the killings of Renée Good and Alex Pretti in Minnesota by federal agents earlier this year.

The vote from city council comes just days after Johnston signed an executive order banning U.S. Immigration and Customs Enforcement from city-owned or city-controlled property while laying out protections for protesters against excessive use of force by federal agents.

At a news conference last week, Johnston said these two measures “make for a combined strategy” to protect Denverites from federal overreach.

With Monday’s vote banning masks for all law enforcement officers, Denver joins a handful of other Democrat-led cities like Los Angeles, New York, Chicago, Boston, Oakland and Seattle that are trying to restrict the kind of aggressive immigration crackdown that upended Minneapolis earlier this winter.

Questions about enforcement remain unanswered

Denver7 has repeatedly brought concerns about how the city would go about enforcing the new law, given the U.S. Constitution enshrines the federal government with a Supremacy Clause, which dictates that federal law takes precedent when it conflicts with local or state laws.

But Alvidrez said the city does have authority over public safety and the use of city resources, even if it can’t change federal law itself.

She told Denver7 previously that the law is not meant to target ICE agents, but aims instead to reduce the risk of residents or other officers from encountering someone who may not be who they say they are.

"Is this actually someone stealing from me? Is this a criminal? Is this a federal officer?” Alvidrez said. “Right now, we have no way for people to know what's happening."

Brian Pacelko, the president of the Denver Police Protection Association, told Denver7 last month there are still many questions about enforcement the law does not address.

"What will happen if an officer does take enforcement action, and a federal agent then tries to arrest that officer for impeding their operation? What happens to them if they're charged with a crime? Is there an internal affairs process? Are they sent home? Are they suspended without pay?" asked Pacelko. "These are our main concerns with how these things are going to affect our officers and their well-being."

When Denver7 took these questions to Alvidrez last month, she was hesitant to provide a definitive answer.

"It will have to be a lot of investigation... what my conversations have been with police, is that they will be on scene if there is an imminent threat," Alvidrez said. "They will not be on scene if everything is being followed by the law. Their goal is never to interfere with federal supremacy. It's just holding bad actors accountable."

After Monday's vote, Denver7 reached out to the Denver Police Department to see how enforcement would look like. A spokesperson said they were still ironing out those details with the city attorney and the proponents of the measure.

"Of utmost importance is discretion and prioritizing de-escalation when encountering these situations," the DPD spokesperson said in a statement. "Our goal is to apply this ordinance in a way that builds trust and transparency without putting officers, deputies, or the public at risk."

In a statement, DHS Deputy Assistant Secretary Lauren Bis called the law "despicable and a flagrant attempt to endanger our officers." Her full statement is below:

Sanctuary politicians attempting to ban our federal law enforcement from wearing masks is despicable and a flagrant attempt to endanger our officers. To be crystal clear: we will not abide by unconstitutional bans. The Supremacy Clause makes it clear that state politicians do not control federal law enforcement.

Our officers wear masks to protect themselves from being doxxed and targeted by known and suspected terrorist sympathizers. Not only is ICE law enforcement facing a more than 1,300 percent increase in assaults against them, but we’ve also seen thugs launch websites to reveal officers’ identity.

The men and women at CBP, ICE, and all of our federal law enforcement agencies put their lives on the line every day to arrest violent criminal illegal aliens to protect and defend the lives of American citizens. Make no mistake, this type of demonization is contributing to the surge in assaults of law enforcement officers.

While the number of assaults on ICE agents have increased since Trump took office, our partners at CPR News report there is no public evidence that they have spiked as dramatically as the federal government has repeatedly claimed.

A search of federal court records for charges of assault on a federal officer over the past five years by CPR News found that while the number of assaults on federal officers has risen, there was no evidence for a rise in assaults on the scale the White House claims.

In their reporting from October of last year, CPR News found that assaults on all officers nationwide jumped 74% from the previous quarter — a notable difference to the "more than 1,300 percent" rise the Trump administration has claimed over the past several months.

It remains to be seen whether the federal government will take Denver to court over this new law. A similar law was struck down by a federal judge last month in California after the Trump administration argued it discriminated against federal agents.

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