Milwaukee, Wisconsin — Milwaukee City Attorney Evan Goyke rejected a Justice Department demand that the city promise not to enforce its ordinance barring law enforcement officers from hiding their identities.
In a July 17 letter, Goyke said Milwaukee’s mask ordinance is a public safety measure and that his office would prosecute any valid citation issued under it. The rule prohibits law enforcement officers from wearing masks or otherwise concealing their identities while acting in public.
The Justice Department had warned Milwaukee that enforcing the ordinance against federal immigration agents would interfere with federal law and violate the Constitution’s Supremacy Clause. Federal officials said ICE officers would not comply and demanded assurances by July 17 that the city would not enforce the rule against them.
Goyke rejected that position, arguing that masked and unidentified officers can create confusion, fear, and risk of impersonation. He also said federal officers are not automatically immune from local laws while performing their duties.
The dispute follows growing national scrutiny of masked ICE operations and recent deadly immigration enforcement encounters in Houston and Biddeford, Maine. No federal court has issued a final ruling on Milwaukee’s ordinance.
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