The back-and-forth between the City of Milwaukee and the federal government over agents wearing face coverings continued Friday with City Attorney Evan Goyke sending a letter saying he would not advise the city to exempt federal agents from the ordinance.
A Milwaukee city ordinance prohibits law enforcement officers from wearing face coverings; however, during a series of arrests carried out throughout the city, federal agents have been spotted wearing them.
A U.S. Department of Homeland Security spokesperson told TMJ4 the agency will not comply with Milwaukee's face mask ban, citing safety reasons.
"State and local sanctuary politicians attempting to ban our federal law enforcement from wearing masks is despicable and a flagrant attempt to endanger our officers. To be crystal clear: we will not abide by unconstitutional bans. The Supremacy Clause makes it clear that state and local sanctuary politicians do not control federal law enforcement," the DHS spokesperson said.
The U.S. Department of Justice followed up with a letter to Milwaukee Mayor Cavalier Johnson and Goyke demanding "assurances that neither your offices, the Milwaukee Police Department nor any other entity in Milwaukee plans to enforce" the ordinance.
The DOJ referenced the Supremacy Clause of the United States Constitution in stating the ordinance would not be enforceable.
In his response letter, Goyke argued that unidentified law enforcement "increases the risk of dangerous interactions" with the public and "stokes confusion, fear, and intimidation."
2026.07.17 Letter to USDOJ Re MCO 105-140 by TMJ4 News
"You express great concern for the safety of federal law enforcement officers throughout your letter, but not once do you express any similar concern for the safety of the public," Goyke said.
TMJ4 spoke with local attorney Russell Jones to get a legal opinion regarding federal agents' requirements to follow the local ordinance.
Jones said the answer depends on the specific ordinance and what federal authorities are doing.
"The issue becomes whether or not the local ordinances interfere with the operations of the federal officers acting under federal law. If it does, federal law will supersede it," Jones explained.
Jones noted that the final say will likely have to be decided upon by a federal judge.
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