Denver City Council advances ban on masked law enforcement officers, including ICE agents

The Denver City Council has advanced out of committee a proposal that would prohibit law enforcement officers, including federal immigration agents, from wearing face coverings while detaining or arresting people, a measure supporters say is aimed at increasing transparency and public safety.

The proposed ordinance, discussed during a tense and closely watched committee meeting on Wednesday, would require officers to clearly identify themselves and display a badge during arrests. It would apply to all local, state and federal law enforcement officers operating in Denver, including Immigration and Customs Enforcement agents.

"We have already seen open terrorism on the streets of a city, which is hard to wrap your head around," Councilwoman Sarah Parady said during the meeting.

Councilwoman Amanda Sandoval said the measure is about accountability.

"You have to have a badge, and you have to identify yourself, and you can't be hidden," she said.

Most people speaking supported the ordinance.

Although the measure would apply broadly, sponsors, including Councilwoman Flor Alvidrez, said it is intended, in part, to address concerns about federal immigration enforcement operations.

"We have seen harmful things across the country, from murder to women being assaulted by people pretending to be ICE agents," Alvidrez said. "This means that the Denver City Council cares about our residents, and we're doing everything we can to keep them safe."

Leaders of the Department of Homeland Security, which ICE falls under, have defended their agents' usage of masks, saying they wear masks to protect themselves from potential harassment.

Assistant Secretary for Public Affairs at the U.S. Department of Homeland Security Tricia McLaughlin said in response, "Our officer 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."

McLaughlin also said in a statement, "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."

Under the Denver proposal, officers who violate the ordinance could be sentenced to jail or fined.

The proposal has raised concerns about potential legal challenges. A federal judge has blocked a similar law in California. Denver's police union also questioned how the ordinance would be enforced.

"What will happen if an officer does take enforcement action and a federal agent then tries to arrest that officer for impeding the operation?" said Brian Pacelko, the president of the Denver Police Protection Association. "What happens if they are charged with a crime?"

Sponsors Alvidrez and Councilwoman Shontel Lewis said they are working on revisions to the proposed ordinance. The measure includes exemptions for undercover officers, SWAT team members, and religious face coverings.

McLaughlin says,  "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 a city council's unconstitutional ban."

The council is scheduled to hold its next vote on the proposal Feb. 23.