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Denver officials consider ban on ICE agents' face coverings to 'clearly state our principle'

Elliott Wenzler, The Denver Post on

Published in News & Features

DENVER — The Denver City Council will soon consider banning law enforcement officers — including U.S. Immigration and Customs Enforcement agents — from covering their faces during arrest and detention operations.

Councilwomen Flor Alvidrez and Shontel Lewis presented the idea for a potential city ordinance during a committee meeting Monday. After fellow councilmembers signaled general interest in the concept, Alvidrez confirmed that she and Lewis planned to formally introduce the bill with a few tweaks.

“Masked, unidentified enforcement undermines due process, escalates fear, increases the risk of (law enforcement) impersonation, and erodes public trust for communities and for law enforcement alike,” Alvidrez said during the meeting.

A presentation prepared for the meeting indirectly referenced ICE agents, calling the face coverings and masks they often wear during operations “an intimidation tactic.” During the conversation, council members specifically called out the immigration enforcement officers.

“I don’t expect this to do anything as far as changing ICE behavior. But what it would do is clearly state our principle as to how we believe you do behave,” said Councilman Paul Kashmann.

ICE agents’ common practice, which the agency has attributed to a desire to protect against threats to their own safety, attracted renewed attention last week after an officer whose face was partially covered opened fire on Renee Good, killing her in Minneapolis. The agent had been standing in front of Good’s car when she began driving, but local officials have disputed his claim that he was protecting himself.

Last year, California passed a similar law that bans police and federal agents from covering their faces. The Trump administration sued to block the bill, citing federal court precedent that prevents states from prosecuting federal law enforcement officers acting in the course of their duties.

“The absence of transparency by law enforcement personnel erodes trust with the general public and obstructs legitimate law enforcement operations,” Alvidrez and Lewis wrote in Denver’s proposed ordinance.

 

Under the initial draft of the bill, the Denver Police Department would be tasked with arresting any officer who violates the ordinance. After council members voiced concerns about those potential arrests, Alvidrez said she and Lewis planned to change the enforcement mechanism to allow a citation instead.

Councilwoman Amanda Sawyer questioned whether the proposal would actually improve trust in local law enforcement. Potential conflicts between the federal and local agencies, she said, could cause more problems.

“I fully agree with you. What the federal government is doing in terms of masking is absolutely inappropriate,” she said. “The question we are asked — as City Council members — by this policy is: Is this going to solve the problem? And my concern is that it isn’t.”

The draft measure would make exceptions for undercover and SWAT officers and for tactical operations. It wouldn’t prevent law enforcement officers from wearing helmets, transparent face guards, medical masks or protective eye gear.

Once the sponsors introduce the formal proposal, it will get a fresh committee hearing before going to the floor of the council for two votes.

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