Justice Department sues Denver to block mask ban covering ICE agents
The Justice Department filed a federal lawsuit Thursday to block Denver's ordinance banning law enforcement officers, including ICE agents, from wearing face masks during arrests and detentions.
The U.S. Department of Justice sued Denver over the ordinance, which applies to local, state and federal law enforcement officers. The complaint says the city cannot enforce the ban during arrests and detentions.
The complaint, filed in federal court, names Mayor Mike Johnston, City Attorney Miko Brown and Police Chief Ron Thomas as defendants. The DOJ is asking a judge to permanently block Denver from enforcing the law against federal officers and to shield them from prosecution.
The Trump administration argues the ordinance violates the Constitution's Supremacy Clause. The administration says the clause bars states and cities from regulating federal operations. Associate Attorney General Stanley E. Woodward Jr. said local governments cannot enact laws that endanger federal law enforcement or interfere with their work.
“Under the U.S. Constitution, the Supremacy Clause makes clear that states and localities do not have the authority to regulate the Federal Government,” Woodward said in a statement. “And they certainly cannot enact laws that place the safety of federal law enforcement at risk and undermine federal operations.”
The DOJ also argues the ban makes residents less safe by preventing officers from working anonymously. Federal attorneys say the rules expose agents to harassment, doxxing and violence.
The lawsuit cites recent court decisions blocking similar restrictions in California, New York, Virginia and Philadelphia. The Justice Department is pursuing comparable challenges in Maryland, Connecticut, New Jersey, Milwaukee and other jurisdictions.
Denver passed the ordinance in March after the City Council voted unanimously to approve it. The measure prohibits officers from concealing their faces during arrests and detentions and requires them to show identification while actively policing.
The law includes exceptions for undercover work, tactical and SWAT operations, and protective equipment such as helmets, transparent face guards, medical masks and eye protection.
Violators could face up to 300 days in jail and a $999 fine, according to the complaint.
The ordinance grew out of earlier efforts by Johnston to confront federal immigration enforcement in Denver. In February, the mayor signed an executive order pledging to arrest Immigration and Customs Enforcement officers who violated city or state law and barred ICE agents from city property.
At the time, Johnston said Denver police would focus on de-escalation but had a plan to enforce the rules if necessary.
The proposal was also advanced after federal immigration agents killed Renee Nicole Good and Alex Pretti, though city officials had been drafting the policy before those deaths.
City officials defend the ordinance as a transparency and accountability measure. Johnston spokesperson Jon Ewing said residents have a right to know who is arresting them and why.
Denver and the Trump administration have clashed repeatedly over immigration enforcement. The DOJ sued Denver and Colorado last year over policies limiting cooperation with ICE. Last month, Denver filed a separate lawsuit seeking to block ICE agents from polling places ahead of the midterm elections.
The DOJ is asking the judge to permanently block Denver from enforcing the ordinance against federal officers and to shield them from prosecution.
