DOJ Invokes the Constitution to Shield Masked ICE Agents in Milwaukee
The Justice Department told Milwaukee on July 10, 2026, that ICE agents will not obey the city’s new ordinance banning masked federal officers. The letter, signed by Assistant Attorney General Brett Shumate and U.S. Attorney for the Eastern District of Wisconsin Brad Schimel, demands assurances that city officials will not enforce the ordinance against federal agents.
Milwaukee passed the mask-ban ordinance as part of a package of regulations on federal immigration enforcement. City leaders argued that residents should not be confronted by masked men in unmarked cars with no visible badges. The ordinance was a direct response to a surge in ICE arrests in the city over recent weeks.
DOJ’s Legal Argument Relies on Federal Supremacy
The DOJ letter invokes the Supremacy Clause in Article VI of the U.S. Constitution, which holds that federal law overrides conflicting state and local laws. The letter calls Milwaukee’s ordinance unconstitutional and frames it as a “sanctuary policy” designed to impede federal immigration enforcement.
“Some states and localities have seemingly forgotten this bedrock principle of American law, passing so-called ‘sanctuary policies’ to impede federal immigration enforcement and going so far as to even directly regulate federal law enforcement in the performance of their official duties.”
Brett Shumate, Assistant Attorney General, and Brad Schimel, U.S. Attorney for the Eastern District of Wisconsin, July 10, 2026
The DOJ letter argues that masks protect agents from harassment and violence. It cites a Department of Homeland Security press release claiming immigration officers have faced an 8,000% increase in death threats. The letter does not link to any independent verification of that figure.
Why Masks Matter to Residents
The city’s ordinance reflects a concrete fear. ICE agents conducting arrests in Milwaukee have appeared in full-face coverings, dark sunglasses, and unmarked vehicles. Without visible badges or identification, residents have no way to confirm that the people detaining them or their neighbors are law enforcement officers.
The DOJ letter does not deny that agents dress this way. It instead argues that concealing officer identities prevents suspects from evading arrest and protects agents’ families from retaliation. The letter warns that enforcing the mask ban against federal officers could itself be unconstitutional under the Supremacy Clause.
Milwaukee has not yet indicated whether it will back down or pursue a legal challenge.
What You Can Do Now
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Call your U.S. senators at (202) 224-3121 and demand they request a Senate Judiciary Committee hearing on ICE’s use of masks and unmarked vehicles during arrests. Ask your senator’s office specifically whether they support local governments’ right to require identification from federal law enforcement.
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Contact the DOJ Office of Professional Responsibility at (202) 514-3365 and ask them to require ICE agents to display visible badge identification during all arrests. Reference the Milwaukee mask-ban dispute and the public safety concerns it reflects.
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Contact Milwaukee Mayor Cavalier Johnson’s office at (414) 286-2200 and express support for the city’s ordinance. Urge the mayor not to withdraw the mask ban in response to DOJ pressure and to pursue a legal defense of the ordinance in federal court.
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Find your state attorney general at naag.org/find-my-ag and urge them to file an amicus brief supporting Milwaukee if the case reaches federal court. Wisconsin AG Josh Kaul has previously engaged on immigration enforcement issues.
Sources
Wisconsin Examiner: DOJ Says ICE Won’t Comply With Milwaukee Mask Ban, Rebukes Mayor National Constitution Center: Supremacy Clause Article VI Text and Interpretation ACLU: Know Your Rights During Immigration Enforcement Actions Brennan Center for Justice: Local Governments and Federal Immigration Enforcement
[Callout: ICE agents permitted to conceal identities with full-face masks and unmarked vehicles during arrests. Milwaukee passed ordinance requiring identification; DOJ says it won’t be followed.
Wisconsin Examiner]