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 Democrat-led cities 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 for the agency didn’t immediately respond to a request for comment Monday about how its officers would enforce the ban.
Denver’s measure would allow some exemptions, including for officers involved in undercover operations and SWAT duties or who are wearing religious garb.
An ICE spokesperson didn’t respond to a request for comment but a Department of Homeland Security official earlier called the proposal “despicable” and a “flagrant attempt to endanger our officers” in a statement to Denver7.
“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,” said a statement from then-Assistant Secretary Tricia McLaughlin.
McLaughlin has since resigned.
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