U.S. DOJ says it won’t comply with Milwaukee mask ban policy
WISCONSIN — The U.S. Department of Justice said the Trump administration will not comply with Milwaukee’s mask ban policy for federal Immigration and Customs Enforcement agents.
In a letter sent to Milwaukee Mayor Cavalier Johnson and City Attorney Evan Goyke, the DOJ called it a “sanctuary policy,” saying it impedes federal immigration enforcement.
The DOJ also said it “threatens the safety of federal officers and their lawful operations.”
“Such a law cannot stand,” the DOJ said.
It cited that the mask ban is unconstitutional under the Supremacy Clause. It pointed to the McCulloch v. Maryland case, which gave the federal government more authority that wasn’t explicitly spelled out in the Constitution.
“The United States Department of Justice has sought injunctions against numerous substantively identical laws across the country and so far has prevailed in each,” the DOJ said.
The letter comes after at least 39 people in the Milwaukee area in late June were arrested by ICE.
In response to those arrests, Johnson raised concerns about agents violating a city ordinance against wearing masks.
“We shouldn’t have a secret police in the United States. If you engage with a law enforcement officer, you should be able to clearly identify who they are, their badge, their name, and they should identify themselves as such. And so for ICE to be doing this, which again is against our ordinance, I think — it drives me insane,” Johnson said in a June 30 interview.
However, in its letter, the DOJ says masks protect the identities of federal officers, and it’s critical “due to the increasingly common threats of targeted harassment, tracking, interference, and assaults on federal agents for simply doing their jobs.”
Director of Communications and Public Engagement for the City of Milwaukee Jeff Fleming released the following statement to Spectrum News on Friday:
“The Mayor will leave the specific legal issues to the City Attorney. He does, however, maintain some actions and behavior of Federal immigration agents have been inappropriate and dangerous. Federal agents are undermining the trust our resident have with their aggressive enforcement efforts.”
The DOJ said it expects the ordinance to no longer be enforced against ICE agents no later than July 17, 2026. The letter is signed by Brad D. Schimel, the First Assistant United States Attorney for the Eastern District of Wisconsin, and Brett A. Shumate, an Assistant Attorney General for the Civil Division.
The full letter is below: