DENVER — 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.
The law, which Denver7 has been covering for weeks, would also require federal agents to clearly identify themselves with a visible ID from at least 25 feet away when operating in Denver.
Under the new law, federal agents who do not comply could be cited — or even arrested — by Denver police.
The measure, which includes exemptions for things like undercover operations, SWAT and tactical responses, as well as emergency response, applies to any officers using city resources or facilities no matter the agency.
It was not immediately clear when Mayor Mike Johnston was expected to sign the measure into law and when it will go into effect.
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.
The vote from city council comes just days after 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, including prosecution of federal agents.
Denver
Denver mayor signs order that bans ICE from city property, protects protesters
At a news conference last week, Johnston said these two measures “make for a combined strategy” to protect Denverites from federal overreach. With Monday’s vote banning masks for all law enforcement officers, Denver joins a handful of other Democrat-led cities like Los Angeles, New York, Chicago, Boston, Oakland and Seattle that are trying to restrict he kind of aggressive immigration crackdown that upended Minneapolis earlier this winter.
Questions about enforcement remain unanswered
Denver7 has repeatedly brought concerns about how the city would go about enforcing the new law, given the U.S. Constitution enshrines the federal government with a Supremacy Clause, which dictates that federal law takes precedent when it conflicts with local or state laws, as it is the “supreme Law of the Land.”
But Alvidrez said the city does have authority over public safety and the use of city resources, even if it can’t change federal law itself.
She told Denver7 previously that the law is not meant to target ICE agents, but aims instead to reduce the risk of residents or other officers from encountering someone who may not be who they say they are.
"Is this actually someone stealing from me? Is this a criminal? Is this a federal officer?” Alvidrez said. “Right now, we have no way for people to know what's happening."
Brian Pacelko, the president of the Denver Police Protection Association, told Denver7 last month there are still many questions about enforcement the law does not address.
"What will happen if an officer does take enforcement action, and a federal agent then tries to arrest that officer for impeding their operation? What happens to them if they're charged with a crime? Is there an internal affairs process? Are they sent home? Are they suspended without pay?" asked Pacelko. "These are our main concerns with how these things are going to affect our officers and their well-being."
When Denver7 took these questions to Alvidrez, she was hesitant to provide a definite answer.
"It will have to be a lot of investigation... what my conversations have been with police, is that they will be on scene if there is an imminent threat," Alvidrez said. "They will not be on scene if everything is being followed by the law. Their goal is never to interfere with federal supremacy. It's just holding bad actors accountable."
After Monday's vote, Denver7 reached out to the Denver Police Department to see how enforcement would look like. A spokesperson said they were still ironing out those details with the City Attorney and the proponents of the measure.
"Of utmost importance is discretion and prioritizing de-escalation when encountering these situations," the DPD spokesperson said in a statement. "Our goal is to apply this ordinance in a way that builds trust and transparency without putting officers, deputies, or the public at risk."
A similar law in California was struck down by a federal judge last month after the Trump administration argued in court it was discriminatory against federal agents, but a new law with Denver's stipulations was expected to be reintroduced in the state.
Denver7 has reached out to the Department of Homeland Security and Denver’s ICE field office for comment but has yet to hear back.
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