The U.S. Department of Justice has warned Milwaukee officials that a city ordinance restricting federal law enforcement officers from wearing masks is unconstitutional. The dispute comes after recent immigration enforcement actions in Wisconsin and growing local criticism of ICE tactics.
DOJ Says Federal Officers Will Not Follow Mask Ban
In a letter sent to Milwaukee Mayor Cavalier Johnson and City Attorney Evan Goyke, the Justice Department said federal officers will continue wearing masks during operations.
The DOJ argued that Milwaukee’s ordinance interferes with federal immigration enforcement and threatens the safety of federal officers.
Deadline Given to Milwaukee
The letter asked city officials to confirm by July 17, 2026, that the ordinance will not be enforced against federal officers.
The DOJ did not clearly state what action it would take if Milwaukee refused to comply.
The letter was signed by Brad D. Schimel, First Assistant U.S. Attorney for the Eastern District of Wisconsin, and Brett A. Shumate, Assistant Attorney General for the Civil Division.
Constitutional Concerns Raised
The Justice Department said the ordinance violates the Supremacy Clause of the U.S. Constitution.
It also cited McCulloch v. Maryland, a landmark case supporting federal authority over conflicting state or local actions.
According to the DOJ, similar mask-ban measures in other parts of the country have already faced federal legal challenges.
DOJ Defends Mask Use by Federal Agents
The department said masks help protect federal officers from harassment, tracking, interference and assault.
Officials argued that concealing agents’ identities can be necessary because threats against federal officers have become more common.
The DOJ also described Milwaukee’s measure as a “sanctuary policy” that obstructs immigration enforcement.
Milwaukee Mayor’s Office Responds
Jeff Fleming, a spokesperson for Mayor Cavalier Johnson, said the mayor would leave specific legal questions to the city attorney.
However, Fleming said the mayor still believes some actions by federal immigration agents have been inappropriate and dangerous.
He added that aggressive federal enforcement efforts are damaging trust between residents and law enforcement.
Issue Followed Recent ICE Arrests
The dispute developed after a series of immigration arrests in late June.
Homeland Security officials said ICE agents arrested 39 people statewide during the weekend of June 27-28.
Officials also said another 59 arrests took place between June 29 and July 1.
Milwaukee Passed ICE-Related Measures
After the arrests, Milwaukee’s Common Council approved several ICE-related measures.
One of those was an ordinance prohibiting ICE agents from wearing masks while working in the city.
Supporters of the rule argue that residents should be able to clearly identify law enforcement officers during public operations.
Mayor Previously Criticized Masked Agents
Johnson previously said people should not have to deal with what he described as unidentified or secretive law enforcement.
He said officers should clearly show who they are, including their badge, name and agency.
The DOJ rejected that position, saying officer safety and federal authority take priority over Milwaukee’s ordinance.
The conflict between Milwaukee and the Justice Department highlights a growing national debate over immigration enforcement, transparency and federal authority.
Milwaukee leaders argue that masked ICE agents create fear and reduce public trust, while the DOJ says federal officers must be able to protect their identities during dangerous operations. The city now faces a July 17 deadline to say whether it will enforce the ordinance against federal agents.