Milwaukee’s Common Council members are requesting police investigate the presence of masked immigration agents in the city, including ICE’s use of a police district station parking lot, during a surge of activity in late June.
undefinedsigned on to the request addressed to Police Chief Jeffrey Norman. It comes after ICE arrested 39 people in late June and early July and legal and enforcement questions swirl over the city’s masking ban for law enforcement officers, including U.S. Immigration Customs and Enforcement agents.
“These reports are particularly concerning because Milwaukee has taken deliberate steps to strengthen transparency and accountability in law enforcement through policies that restrict the use of facial coverings and require officers to be readily identifiable to the public,” the letter reads.
The letter is signed by council members Marina Dimitrijevic, Jose Perez, JoCasta Zamarripa, Alex Brower, Robert Bauman, Lamont Westmoreland, Sharlen Moore and Scott Spiker. It also requests the Fire and Police Commission, the city’s police oversight body, hold a public hearing on the proposed investigation’s findings.
Council members make six asks of the police department in the letter. Among them is investigating reports of masked ICE agents in the city and their use of city property; whether any coordination with Milwaukee police took place; and review bodycam and other footage of any incidents.
A Milwaukee police spokesperson previously confirmed ICE used the parking lot of police District 2, which is on the city’s south side, without the knowledge of the department. The spokesperson said a department official then asked ICE to not use it.
Representatives of the Fire and Police Commission and Milwaukee Police Department did not immediately respond to a request for comment.
ICE’s surge of arrests in Milwaukee took place between June 25 and July 1, a Department of Homeland Security spokesperson said. The arrests and the tactics used drew condemnation from local elected officials and immigrant advocacy groups.
Some pointed out masked ICE agents were seen in footage of the arrests and were violating a recently passed ban on masking by law enforcement officers. However, Milwaukee police issued no citations, and a police spokesperson said its office was waiting for further legal guidance on the ordinance.
ICE said it will not comply with the ordinance, which carries a penalty between $5,000 and $10,000.
In March, City Attorney Evan Goyke and his staff told council members they believed the mask ordinance to be legal, but its enforcement would likely be challenged in federal court and face a difficult battle there without shifts in law. Goyke has declined to discuss his legal opinion since.
Council member Alex Brower, a sponsor of the legislation, said at the time he believed it could still help build a future case for prosecution against an ICE agent. Council members passed it unanimously the next month.
A legal expert told the Journal Sentinel ordinances like this are in “unsettled territory” legally and said cities have a credible legal argument.
David Clarey is a public safety reporter at the Milwaukee Journal Sentinel. He can be reached at dclarey@usatoday.com.
This article originally appeared on Milwaukee Journal Sentinel: Milwaukee council members request police investigate masked ICE agents
Reporting by David Clarey, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
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By David Clarey, Milwaukee Journal Sentinel | USA TODAY Network
