'Unconstitutional': DHS says Denver cannot enforce mask ban on federal agents

‘Unconstitutional’: DHS says Denver cannot enforce mask ban on federal agents

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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.

DENVER — The Department of Homeland Security is pushing back after the Denver City Council approved a resolution Monday banning federal immigration and other law enforcement officers from wearing face coverings.

In a statement, DHS said point-blank that its agents “will not abide by unconstitutional bans,” arguing that efforts by “sanctuary politicians” to restrict federal law enforcement officers from wearing masks are dangerous.

DHS officials called the new law “despicable and a flagrant attempt to endanger our officers,” arguing that face coverings protect agents from “being doxxed and targeted by known and suspected terrorist sympathizers.”

Attorneys have challenged DHS's claims that masks protect agents and allow them to perform their duties, arguing that there is no concrete evidence that federal agents cannot do their jobs without facial coverings.

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.

In addition to banning face masks, Denver’s new law would also require federal agents to clearly identify themselves with a visible ID from at least 25 feet away when operating in Denver.

The measure includes exemptions for things like undercover operations, as well as SWAT, tactical, and emergency responses. Federal agents who do not comply could be cited or even arrested by Denver police.

However, DHS argues that these bans can not be enforced on federal agents because of constitutional restrictions on the powers of state and local governments over the federal government.

“State politicians do not control federal law enforcement,” DHS said in the statement.

Courts have struck down similar laws for violating the supremacy clause or for being discriminatory.

Just last month, a federal judge blocked a California law from taking effect that would ban federal immigration agents from wearing face coverings. However, they will still be required to wear clear identification showing their agency and badge number.

Monday’s vote comes days after Denver Mayor Mike 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.

Denver7's Óscar Contreras and the Associated Press contributed to this report

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