A proposed ordinance that would prohibit face coverings for all law enforcement agencies operating in Milwaukee – including U.S. Immigrations and Customs Enforcement – moved a step forward March 12.
The Public Safety and Health Committee unanimously supported the ordinance, which still needs approval by the full Common Council.
Federal immigration agents routinely cover their faces during raids and arrests, which has raised concerns throughout the country about transparency and accountability.
Ald. Alex Brower, primary sponsor of the legislation, said in a statement that the ordinance is a response to such “unprecedented times.”
This legislative work sends an important message to the community that the Common Council is willing to take action on what is within their power, said Alan Chavoya, treasurer and organizer with the Milwaukee Alliance Against Racist and Political Repression.
“We’ve seen in different cities that they kind of do as they please,” he said. The proposed ordinance is part of the Milwaukee Common Council’s “ICE Out” package of legislation announced by the council in February, aimed at locally regulating federal immigration enforcement.
The ban
The ordinance, introduced by Brower and fellow aldermen JoCasta Zamarripa, Marina Dimitrijevic, José G. Pérez, Russell W. Stamper II and Peter Burgelis, bans the wearing of face coverings to conceal their identities when acting in an official capacity.
It would also require officers and their vehicles to have identification for their agency.
The penalty for violating the ordinance would be from $5,000 to $10,000.
The ordinance is a broader version of recent policy changes affecting only Milwaukee Police Department officers.
On March 2, Milwaukee Police Chief Jeffrey Norman updated MPD policy to restrict officers from wearing face coverings to conceal their identities.
Norman made the move because his department was previously “silent on face coverings and/or identity concealment,” an MPD spokesperson said.
Exceptions and limitations
The ordinance states it would “not apply to a law enforcement officer engaged in an undercover assignment for which concealing identity is necessary for the investigation of a criminal offense, provided that information related to the undercover assignment has been provided to the Milwaukee Police Department.”
Officers would also be allowed to wear face coverings for safety purposes.
Similarly, the new MPD policy states that officers are allowed to wear facial coverings and masks when assigned outdoors during periods of cold or extreme weather as well as to prevent the spread of diseases and exposure to hazardous materials.
During a civil disturbance or crowd control incident, “a more advanced response may include members assigned from the Major Incident Response Team who utilize personal protective equipment,” according to the MPD spokesperson.
During a civil disturbance, a face covering could be worn for protection, not to conceal identity, which would be permitted under the updated policy, the MPD spokesperson said.
While many welcome these sorts of changes, others have said more should be done to protect Milwaukee residents.
“Until MPD is actively protecting undocumented residents from ICE, I am unsure of the effectiveness of this preliminary measure,” said Noah Dinan, an organizer with the Young Democratic Socialists of America and student at the Milwaukee School of Engineering.
The college is the site of regular protests by students and community members objecting to ICE leasing a downtown building owned by MSOE.
Full vote
The ordinance extending a facial covering ban to federal agents will go before the full Common Council at 9 a.m. on Tuesday, March 24.
The ordinance must be approved by a majority of the members – or eight – to pass.
