Oregon Residents Sue Homeland Security Over Tear Gas Use Near ICE Facility
PORTLAND, Ore. — A housing nonprofit and a group of residents living near a U.S. Immigration and Customs Enforcement (ICE) facility in Oregon have filed a federal lawsuit against the Department of Homeland Security (DHS), demanding an end to the use of tear gas and other chemical munitions during protests that have repeatedly affected their community. The suit, brought by REACH Community Development and supported by advocacy groups Democracy Forward and Protect Democracy, alleges that DHS agents have deployed chemical agents such as chlorobenzalmalononitrile (CS gas) near the Gray’s Landing housing complex, which sits just across from the ICE processing center on the Willamette River.
The plaintiffs claim that the use of tear gas and pepper balls has occurred “repeatedly when faced with no violence from protesters or imminent risk of harm,” causing significant health issues including acute respiratory distress, ocular burning, and episodes of post-traumatic stress disorder among residents. The lawsuit argues that the government’s deployment of poisonous gases violates residents’ constitutional right to bodily integrity, a principle upheld by the Supreme Court as part of the right to liberty.
Margaret Salazar, CEO of REACH Community Development, emphasized the human toll on the community, which includes families, senior citizens, veterans, and individuals with disabilities. “Children are coughing indoors, seniors are struggling to breathe, and daily life has become a source of stress and fear,” Salazar said. The plaintiffs seek a court order to preclude DHS from using tear gas and related crowd control tools unless there is an imminent and concrete threat to the lives of federal officers or others.
The protests outside the ICE facility near Interstate 5 have been ongoing for months, involving anti-immigration enforcement groups including Antifa. These demonstrations have frequently escalated into clashes between federal agents and protesters. The DHS has defended its actions, citing safety concerns, but the lawsuit calls into question the agency’s justification for deploying chemical agents in a residential area.
This legal action follows a broader national debate over the use of force by federal law enforcement during protests. The Department of Homeland Security has faced scrutiny for its tactics in various cities, including Portland, where federal agents have been deployed in recent years. The suit also highlights the impact on vulnerable communities living near federal facilities, raising concerns about public health and civil rights.
Democracy Forward’s Executive Director Skye Perryman noted the broader implications of the case, stating that the use of chemical agents in residential neighborhoods is unacceptable and infringes on the rights of citizens who are not participating in any violence. The lawsuit seeks to establish clear limits on the use of such munitions to protect innocent bystanders.
The plaintiffs’ case is part of a growing wave of legal challenges against federal immigration enforcement practices. The Immigration and Customs Enforcement agency has been at the center of controversy over its detention and processing operations, which have sparked protests and legal battles nationwide. Meanwhile, the American Civil Liberties Union and other organizations continue to monitor and challenge government actions that may infringe on constitutional rights.
As the lawsuit moves forward, the residents of Gray’s Landing hope for relief from the chemical exposure that has disrupted their daily lives. The case underscores the tension between federal enforcement priorities and the rights and well-being of local communities living in close proximity to immigration detention centers.
For more information on federal law enforcement policies and community impact, see resources from the Department of Homeland Security and the Immigration and Customs Enforcement agency.
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