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DHS Rebukes Denver’s Order Limiting ICE as City Empowers Police to Detain Agents

Legal experts say Denver can control use of its own property, though the order’s effect will depend on how police enforce it.

Overview

  • Mayor Mike Johnston’s Executive Order 152 directs Denver police to protect protesters, document federal actions with body cameras, and detain any immigration agent using excessive force.
  • The measure bars ICE and related agencies from staging or operating on city‑owned or city‑controlled property and restricts city data and technology sharing with DHS absent a warrant or court order.
  • DHS called the directive “legally illiterate” and argued local officials cannot bar ICE from carrying out federal law on public property, a claim the mayor’s office disputed.
  • Law scholars offered mixed views, with some noting a city’s authority as a landowner to limit access to its facilities and others questioning the order’s practical reach without active enforcement.
  • City leaders signaled additional steps, including a pending council proposal to require federal agents to show identification and not mask their faces, as Denver positions itself following deadly ICE operations in Minnesota.