ICE says it won't follow Milwaukee mask ordinance as city, county weigh 'legal action'

MILWAUKEE (CBS 58) -- Federal immigration officials say officers with Immigrations & Customs Enforcement (ICE) will not follow a Milwaukee city ordinance requiring law enforcement to wear masks while working, and they bristled at the idea of city and county leaders telling them to stop using police stations and parks as staging areas.

Milwaukee County Executive David Crowley told CBS 58 Wednesday the county's corporation counsel was looking into possible legal action over ICE officers staging at the Mitchell Park Domes Monday, which is part of the county parks department.

"They are violating our county ordinances," Crowley said. "And so, we're looking to see if there's some legal action we can take."

Crowley referred to an ordinance exacting earlier this year requiring law enforcement agencies to get a permit before staging at county parks.

"We're still confirming whether or not they were in our parks," Crowley said. "But we have seen pictures circulating online, on social media, saying ICE was utilizing specifically the Mitchell Park Domes area."

Likewise, Milwaukee city leaders said they were looking into photos and videos circulating online showing ICE officers wearing masks while making arrests across southeastern Wisconsin over the past weekend.

Milwaukee enacted a new ordinance in April requiring both local and federal law enforcement to show their faces while working in the city.

A Department of Homeland Security (DHS) spokesperson said ICE made a total of 39 arrests across Wisconsin last weekend. The spokesperson included the names and descriptions of five offenders, one of whom was previously convicted of homicide and four others convicted of sexual assault. 

DHS did not provide details about when and where the incidents occurred. Activists have said several of the other 34 people arrested in Wisconsin had no prior criminal record. 

DHS Assistant Secretary Lauren Bis indicated there were no plans for ICE officers to follow Milwaukee's mask ordinance, and an agency spokesperson did not directly answer questions about whether officers were using Milwaukee police stations or Milwaukee County parks as staging areas.

"Sanctuary politicians attempting to ban our federal law enforcement from wearing masks is despicable and a flagrant attempt to endanger our officers," Bis said. "To be crystal clear: we will not abide by unconstitutional bans. The Supremacy Clause makes it clear that Milwaukee’s sanctuary politicians do not control federal law enforcement."

A Milwaukee Police Department (MPD) spokesperson said ICE had been using the parking lot at the south side station near S. 3rd St. and W. Lincoln Ave.

"MPD was made aware that Immigration Enforcement utilized the District 2 parking lot [Monday]," a police spokesperson said. "MPD subsequently requested that Immigration Enforcement not utilize the District 2 parking lot."

Crowley told CBS 58 Milwaukee County Sheriff Denita Ball had told DHS to stop using county parks property for immigration operations.

However, Milwaukee County Sheriff's Office Spokesman James Burnett said Ball had made no such request.

"The sheriff told [County Board Sup. Juan Miguel] Martinez that she would inform MCSO members for situational awareness," Burnett said. "Not that she would contact ICE or DHS to ask or order them to stage elsewhere."

A spokesperson for Crowley later confirmed there had been a miscommunication. Crowley, who is running for governor as a Democrat, said the county would consider issuing tickets to federal agencies when asked.

"We're looking at those avenues right now," Crowley said. "I did instruct our office of corporation counsel to kind of see, is there an avenue for us to take legal action for them staging in our parks."

State Sen. Kelda Roys (D-Madison) posted about the Milwaukee arrests on social media Wednesday, calling for ICE to be abolished. The presumptive GOP gubernatorial candidate, Congressman Tom Tiffany, did not respond to questions about ICE's operation in Wisconsin.

South Side Ald. JoCasta Zamarripa specifically called for Milwaukee investigators to identify and fine ICE agents who were found to have been wearing masks.

City Attorney Evan Goyke did not respond to questions Wednesday about whether that would be realistic for the city to achieve.