Attorney General Nessel Leads Coalition Urging Congress to Pass Legislation to Curb Unscrupulous ICE Tactics

LANSING – Today, Michigan Attorney General Dana Nessel co-led a coalition of 21 attorneys general in sending a letter (PDF) to members of Congress, urging them to pass legislation generally prohibiting federal immigration agents from wearing masks to conceal their identity and requiring them to show their identification and agency-identifying insignia. Attorney General Nessel also released a video addressing the dangers of immigration enforcement conducted by agents without identification. 

In the letter, the coalition expressed concern over escalating incidents involving masked Immigration and Customs Enforcement (ICE) officers dressed in plainclothes and driving unmarked vehicles detaining individuals on streets and at homes, workplaces, and courthouses. The coalition criticizes ICE’s opaque conduct as a stark departure from the transparency and accountability long practiced by traditional law enforcement agencies. These tactics, the letter states, pose significant safety risks and instill fear rather than foster public safety.

“Normalizing the practice of using masked agents who do not identify themselves is not just a shocking escalation of unscrupulous police tactics – it also presents a significant danger for residents and officers alike,” Nessel said. “It is only a matter of time before an officer is hurt resisting what appears to be a kidnapping, or before bad actors start simulating this behavior to apprehend whomever they want.”

Without clear identification, the attorneys general warn that individuals may not recognize the agents as federal officers, which may prompt bystander intervention, tie up local law enforcement resources, or even escalate dangerous situations. The letter also raises the concern that this lack of identification has enabled individuals to impersonate ICE agents to exploit or harm members of the community.

Current ICE tactics also contradict Michigan law, where law enforcement officers are expected to be clearly identifiable. Under Michigan’s resisting and obstructing statute, a person is only guilty of those crimes if they knew, or had reason to know, that the individual issuing a command was a police officer. Similarly, officers executing home search warrants are typically required to announce their presence to prevent unnecessary escalation and ensure the safety of both citizens and law enforcement. 

While the coalition acknowledges that limited protective measures may be appropriate for federal agents in certain situations, they warn that widespread, unchecked use of masks and plainclothes enforcement undermines democratic principles, erodes public trust, and invites civil rights abuses. The coalition urges Congress to pass legislation to ensure that federal immigration agents operate under clear guidelines that promote transparency and accountability.

In sending this letter, Attorney General Nessel is joined by the attorneys general of Arizona, California, Colorado, Connecticut, District of Columbia, Delaware, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.

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