Denver bans federal law enforcement officers from covering their faces, DHS says it won’t comply

Denver city leaders unanimously passed a ban on all officers, including Immigration and Customs Enforcement agents, from wearing face coverings while detaining or arresting people. That law also requires officers to wear visible identification.

It’s the second sweeping ordinance against federal officers in Denver in just a few days. Last Thursday, Mayor Mike Johnston signed an executive order banning federal immigration agents from operating on city property without a judicial warrant.

 It also directs Denver police, deputies and fire personnel to investigate reports of violence and criminal behavior.

The Department of Homeland Security responded calling the executive order “legally illiterate,” adding, “no local official has the authority to bar ICE from carrying out federal law on public property … and while Mayor Johnston continues to release pedophiles, rapists, gang members, and murderers onto their streets, our brave law enforcement will continue to risk their lives to arrest these heinous criminals.”

DHS didn’t mince words when responding to Denver’s new face coverings ban either, saying in part, “To be crystal clear: we will not abide by a city council’s unconstitutional ban. 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.”

On the other hand, the Denver City Council didn’t mince words when it approved the ban.

“It’s very disturbing to me, as an American, to see masked agents on the street,” said Councilman Kevin Flynn who represents District 2. “I don’t know what the best way is to enforce our immigration laws, but I think I know the worst way when I see it.”

“I said all along, this was a slam dunk,” added Councilman Darrell Watson of District 9.

Last month, a federal judge struck down a California law prohibiting federal agents from wearing masks. But, the city council says it made sure its ordinance is enforceable.

You have to treat all law enforcement the same,” said City Council President Amanda Sandoval. “So, our sheriffs can’t have masks. Our State Patrol can’t have masks. And federally you can’t have masks. And we delineate that within the ordinance which, that’s where California got the issue.”

Sandoval said she was monitoring the legal process and comparing the two ordinances to ensure they would be good to go.

Although the city council believes the ordinance is constitutional, the Denver Police Department says it’s still working to determine what implementation could look like, and provided this statement to CBS Colorado:

“Our Safety departments are working with the City Attorney and bill sponsors to determine what implementation could look like. Of utmost importance is discretion and prioritizing de-escalation when encountering these situations. Our goal is to apply this ordinance in a way that builds trust and transparency without putting officers, deputies, or the public at risk.”

Coupled with the city’s new executive order, Sandoval believes Denver now has the necessary guidelines in place.

“A map for residents to understand predictability, and that’s what I always want, is what can the residents be able to rely on.”

There are exemptions in place for the ban, for example: during an active undercover operation, when gear is required for physical safety, and for personnel performing SWAT duties.