Portland ICE Facility — Federal Chemical Weapons Attack on Peaceful Protesters¶

Incident Date: January 31, 2026
Dossier Created: 2026-02-11
Classification: OSINT — Public Sources Only
Confidence Level: HIGH (20+ independent sources, sworn court declarations, official government records)
Investigator: Mortui Vivos Docent Intelligence Project / Mortui Vivos Docent Intelligence Project

Executive Summary¶

On January 31, 2026, federal agents deployed chemical weapons — including tear gas, pepper balls, rubber bullets, and flash-bang grenades — against approximately 3,000 peaceful protesters at the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations Field Office at 4310 S. Macadam Avenue, Portland, Oregon. The protest, organized by over 30 Oregon labor unions under the banner "Labor Says ICE Out," was a permitted, family-friendly daytime rally. Attendees included unionized teachers, nurses, construction workers, children, elderly individuals, and pets.

Federal agents fired chemical munitions without warning into the crowd, which included a five-year-old girl, an elderly woman using a walker, an 83-year-old Vietnam War veteran and his 84-year-old wife, and families with elementary-school-age children. The tear gas drifted over six blocks from the facility and was detectable from the Ross Island Bridge, nearly a mile away. A projectile fired by federal agents shattered the window of a third-story apartment in Gray's Landing, a low-income housing complex directly across the street, exposing a Yemeni mother and daughter to chemical agents inside their home.

The following day, February 1, federal agents again deployed chemical munitions against a separate march of hundreds of protesters. On February 3, U.S. District Judge Michael H. Simon issued a 14-day temporary restraining order in Dickinson v. Trump barring federal agents from using chemical or projectile munitions unless the target poses an "imminent threat of physical harm." In his 22-page ruling, Judge Simon wrote: "Our nation is now at a crossroads."

This attack is part of a broader pattern of federal chemical weapons deployment against civilian protesters across the United States during the 2025-2026 immigration enforcement crisis, and echoes Portland's 2020 experience with Operation Diligent Valor during the George Floyd protests.

Table of Contents¶

Event Timeline
Location and Geography
Chemical Weapons Deployed
Injuries and Medical Response
Impact on Nearby Residents
Eyewitness Accounts
Portland Police Bureau Response
Federal Government Response
Government Condemnation
Legal Proceedings
City of Portland Policy Response
Continuing Protests and Developments
Historical Context: Portland 2020
Pattern Analysis: Federal Chemical Weapons Against Protesters Nationwide
Source Verification Matrix
Full Sources List

Event Timeline¶

Pre-Event Context¶

January 7, 2026: ICE officers shoot and kill Renee Good in Minneapolis, Minnesota, during an immigration enforcement operation. National outcry begins.

January 24, 2026: U.S. Border Patrol shoots and kills Alex Pretti, a 37-year-old ICU nurse, in Minneapolis. Nationwide protest movement intensifies.

January 24, 2026: Governor Tina Kotek denounces ICE operations in Oregon, promises legislative response.

January 30, 2026 (Friday): National "shutdown" protests against immigration enforcement. In Portland, hundreds of high school students walk out. Dozens of local businesses close or donate proceeds to immigrant rights organizations. Activists call for national boycott.

January 31, 2026 — The Attack¶

~2:00 PM: A large crowd gathers at Elizabeth Caruthers Park, 3508 South Moody Avenue, in Portland's South Waterfront neighborhood. The rally is organized by over 30 Oregon labor unions under the banner "Labor Says ICE Out." Portland Police Bureau estimates the crowd is "well into the thousands." Independent reports estimate approximately 3,000-5,000 attendees.

~2:00-4:00 PM: Rally proceeds at Elizabeth Caruthers Park. Attendees include unionized teachers, nurses, construction workers, retirees, children, elderly individuals, and pets. The event is described by all independent observers as peaceful and family-friendly. Portland Police Bureau Dialogue Liaison Officers are present to assist with facilitation.

~4:00 PM: The crowd begins marching south down South Moody Avenue toward the ICE facility at 4310 S. Macadam Avenue, closing South Bancroft Street. PPB officers assist with traffic control.

~4:30 PM: A small number of protesters cross the ICE facility property line and approach the security gate. Some reportedly use umbrellas as barriers. DHS later claims protesters "formed a shield wall with umbrellas," "attempted to tie the vehicle gate shut with ropes," and "moved a dumpster to block the front gate." Note: OPB reported these DHS claims were "not independently verified."

~4:30-5:00 PM: Without warning, federal agents — identified as Federal Protective Services (FPS) and Customs and Border Protection (CBP) officers — deploy tear gas, pepper balls, and flash-bang grenades into the crowd. Multiple sworn declarations state no verbal warnings were issued before deployment. Agents fire pepper balls from the rooftop of the ICE building. Chemical clouds drift over six blocks. The five-year-old girl, elderly woman with walker, and families with children are engulfed.

~5:00-5:30 PM: Tear gas is thick enough to be seen and smelled from nearly a mile away, including from the Ross Island Bridge. The crowd begins to disperse. Portland Fire & Rescue paramedics respond to treat affected individuals. Volunteer street medics flush chemical agents from children's eyes. A projectile with a "corkscrew tail of smoke" shatters a third-floor apartment window at Gray's Landing, directly across from the ICE facility.

~5:30-6:00 PM: The crowd dwindles to approximately 1,000 people, then to roughly 300.

~6:00 PM: Federal agents deploy a second wave of tear gas, pepper balls, and flash-bang munitions against the approximately 300 remaining protesters. Some protesters use leaf blowers to redirect chemical clouds, traffic cones to extinguish canisters, and throw tear gas canisters back toward federal agents.

~6:00 PM onward: PPB reports observing "deployment of irritant gas by federal law enforcement." PPB facilitates medical treatment. PPB makes no arrests. PPB does not deploy any crowd control munitions.

Evening: Portland Police report one incident: a man in a wheelchair was knocked over during a confrontation. PPB RRT medics respond immediately. The man is transported to the hospital. Case number 26-30527 is filed.

February 1, 2026 (Sunday) — Second Day¶

Afternoon: Hundreds rally outside Portland City Hall to demand leaders revoke ICE's permit to operate at the South Portland facility.

~5:00-7:00 PM: Protesters march from City Hall to the ICE facility.

~7:00 PM: Federal agents again deploy large clouds of chemical munitions against the crowd. The ACLU later describes this as the "same pattern of retaliatory force." Gas is visible from nearly a mile away.

February 2, 2026 (Monday)¶

Morning: Portland City Council issues formal condemnation of the tear gas attacks, stating it is "horrified by the harm caused to Portlanders exercising their First Amendment rights."

Late evening: ACLU of Oregon files emergency legal documents with U.S. District Court citing the "same pattern of retaliatory force" observed during both Saturday and Sunday deployments. Multiple sworn declarations from eyewitnesses are included.

February 3, 2026 (Tuesday)¶

Morning: Hearing before U.S. District Judge Michael H. Simon in Dickinson v. Trump.

Afternoon: Judge Simon issues a 22-page temporary restraining order barring federal agents from deploying chemical or projectile munitions against protesters unless the target poses an "imminent threat of physical harm."

February 4-11, 2026 — Aftermath¶

February 4: Window at Gray's Landing apartment repaired by maintenance.

February 5: Governor Tina Kotek and 31 Oregon mayors send letter to DHS Secretary Noem and Border Czar Tom Homan demanding ICE halt all operations in Oregon until use-of-force incidents are investigated.

February 6: Student walkouts at David Douglas High School in SE Portland. Students march with whistles and signs protesting ICE enforcement.

February 7: Portland City Councilor proposes citywide tear gas ban. Approximately 60 people protest at Mayor Keith Wilson's home, demanding stronger action against ICE.

February 11 (present): Preliminary injunction deadline for plaintiffs to file motion is February 12. Gray's Landing residents' separate lawsuit hearing is scheduled for February 13. The TRO is due to expire approximately February 17 unless extended. The March 2 evidentiary hearing remains scheduled.

Location and Geography¶

ICE Facility Address: 4310 S. Macadam Avenue, Portland, OR 97239

The facility is the ICE Enforcement and Removal Operations (ERO) Field Office, housed in a building commonly known as the Lindquist Building (after owner Stuart Lindquist). It previously housed a Bank of America branch. The facility is located in Portland's South Waterfront neighborhood, south of downtown.

Rally Starting Point: Elizabeth Caruthers Park, 3508 South Moody Avenue — approximately 3-4 blocks north of the ICE facility.

March Route: South along South Moody Avenue, closing South Bancroft Street.

Affected Residential Area: Gray's Landing apartment complex — a 209-unit low-income housing complex operated by REACH Community Development, located directly across South Macadam Avenue from the ICE facility. Residents include low-income seniors, veterans, families, and people with disabilities.

Chemical Agent Drift: Tear gas was reported to have drifted over six blocks from the facility. It was detectable from the Ross Island Bridge, located approximately one mile to the north.

Chemical Weapons Deployed¶

Based on sworn court declarations, journalist observations, and the judge's temporary restraining order, the following weapons were deployed by federal agents:

Confirmed Agents and Munitions¶

Weapon Type	Confirmed By	Confidence
Tear gas (CS gas / chemical irritants)	Sworn declarations, journalist observation, judge's ruling	HIGH
Pepper balls (oleoresin capsicum projectiles)	Sworn declarations, journalist observation, judge's ruling	HIGH
Rubber bullets (kinetic impact projectiles)	OPB reporting, sworn declarations	HIGH
Flash-bang grenades	Sworn declarations (Kimberly Nachbur), CrimethInc report	HIGH
Pepper spray / OC spray	Judge's ruling (listed in restricted munitions)	MEDIUM

Deployment Methods¶

Ground-level canister launches: Tear gas canisters fired into the crowd from ground level at the ICE facility perimeter.
Rooftop firing positions: Federal agents fired pepper balls from the rooftop of the ICE building (confirmed by Portland Mercury).
New volleys every 20 minutes: CrimethInc reported that federal agents launched new volleys of chemical munitions approximately every 20 minutes.
No warning issued: Multiple sworn declarations confirm no verbal warnings were given before the first or subsequent deployments, contradicting CBP policy that requires verbal warnings "when possible" and time for compliance.

Munitions Banned by Judge Simon's Order¶

The 14-day TRO specifically restricts the following (demonstrating what was in use):

Kinetic impact projectiles
Pepper ball or paintball guns
Pepper or oleoresin capsicum (OC) spray
Tear gas or other chemical irritants
Soft nose rounds
40mm or 37mm launchers
Less-lethal shotguns
Flashbang grenades
Stinger grenades
Rubber ball grenades

Note on Identification¶

Specific brand names and manufacturers of the chemical agents were not identified in available reporting. The projectile that shattered the Gray's Landing apartment window was described as having a "corkscrew tail of smoke" but bore no identifying marks. Full canister identification would require physical evidence analysis.

Injuries and Medical Response¶

Documented Individual Injuries¶

Laurie Eckman, 84, Portland (plaintiff in Dickinson v. Trump)
- Shot in the head with a chemical impact munition (pepper ball) during an October 2025 protest at the same facility.
- Returned home "soaked in blood." Hospital treated her for a concussion.
- Attended the January 31 rally with her church, kept her distance, assumed a daytime family event would be safe.

Richard Eckman, 83, Vietnam War Navy veteran (plaintiff in Dickinson v. Trump)
- A munition struck his walker during the October 2025 incident.
- Attended the January 31 rally. His sworn declaration states: "When later the gas detonated and engulfed the crowd, it caused me to choke and gag. I had difficulty breathing and seeing as I attempted to make my way toward home."

Five-year-old girl (unnamed minor)
- Eyewitness Andrew Kihn's sworn declaration: "I saw the 5-year-old suffering from the gas coughing so badly, dragging behind and doubling-over as they tried to leave the area."
- Was standing next to an elderly woman in her 70s using a walker when the gas hit.

Teressa Barsotti, 45, and her 13-year-old daughter
- Were two blocks from the ICE facility on Abernethy and Moody streets when tear gas drifted toward them.
- Daughter: burning eyes with streaming tears, tasted tear gas.
- Mother: skin burning above lips, burning and stinging eyes, burning lungs, swollen lymph nodes in neck, constant headache, sore throat.
- Father (76, with asthma) was reported to be near the facility at time of attack.

Lisa Morrison, 64, and Bud Erland, 78 (retired TriMet driver, ATU member)
- Were "in a crowd of peaceful people of all ages, from elders to babies" when agents deployed tear gas.
- "Overcome with burning eyes, noses, throats, and skin" and "were blinded and started coughing and retching."

Blake Goud (with wife and two elementary-school-age children)
- Hit by tear gas while still heading south on South Moody Avenue — not yet at the ICE facility.
- Had come to support their school's teachers.

Kimberly Nachbur
- Sworn declaration: "Agents from the ICE field office continually fired tear-gas canisters and deployed flash-bang grenades, which sounded like gunfire and created a thick fog."
- Did not hear any warnings before deployment.

Lucille Moody
- Sworn declaration: "I have attended protests in the past, and this was the most gas I have ever seen in my life. I could not breathe."
- Witnessed no protesters posing threats.

Julia Rae
- Her mobility scooter was struck by a pepper ball.

Jack Dickinson ("the Portland Chicken," lead plaintiff)
- Federal officers have previously shot munitions at his face respirator and at his back, and launched a tear-gas canister that sparked next to his leg and burned a hole in his chicken costume.

Hugo Rios (freelance photojournalist, U.S. Air Force veteran, plaintiff)
- Federal agents "riddled him with pepper balls" while he was clearly marked as "Press."

Mason Lake (freelance video journalist, plaintiff)
- Federal agents "sprayed tear gas and bear spray" at him while he was marked as "Press."

Injuries to Gray's Landing Residents¶

L.H., 29 (medical student, naturalized U.S. citizen, Yemeni origin)
- Experienced tear gas exposure walking from OHSU campus.
- Both she and her mother experienced coughing fits through the night, vomited.

L.H.'s Mother, 70 (Yemeni national)
- Asthma and behavioral health conditions.
- Briefly lost consciousness from chemical exposure inside her apartment.
- Called her daughter crying: "I can't breathe."

Mercedes "Diane" Moreno (Gray's Landing resident)
- Hit with "at least five rubber bullets in quick succession" on January 24 while walking past the protest trying to get home.
- Exposed to tear gas inside her apartment. Bloody nasal discharge and sinus infection.
- Went to urgent care twice for chest tightness and bloody nasal discharge.

Mindy King (Gray's Landing resident) and her 13-year-old son
- Purchased gas masks to wear inside their apartment due to recurring tear gas exposure.

Unnamed Gray's Landing children
- Lawsuit alleges children have been conditioned to "sleep in closets to reduce exposure to gas penetrating the gaps in their windows."

Gray's Landing veterans and domestic abuse survivors
- Lawsuit alleges PTSD episodes triggered by the use of tear gas and pepper balls.

General Health Effects Reported¶

Symptoms reported across multiple accounts include:
- Burning eyes, nose, throat, and skin
- Temporary blindness
- Uncontrollable coughing and choking
- Gagging and retching/vomiting
- Difficulty breathing
- Disorientation
- Headaches lasting days
- Swollen lymph nodes
- Symptoms persisting for days or weeks in some cases
- In some Gray's Landing residents, symptoms described as "permanent"

Medical Response¶

Portland Fire & Rescue paramedics were summoned to the scene by Portland Police.
Volunteer street medics were present and flushed chemical agents from protesters' eyes (including children).
Video evidence presented to the court showed a child having their eyes flushed after exposure.
One person was treated on scene for injuries (confirmed by CrimethInc).

Impact on Nearby Residents¶

Gray's Landing Apartment Complex¶

Gray's Landing is a 209-unit low-income apartment complex operated by REACH Community Development, a nonprofit housing provider. It houses seniors, veterans, families with children, and people with disabilities. The building is located directly across South Macadam Avenue from the ICE facility — less than 100 feet away.

Key Impacts:

Window shattered by projectile: On January 31, a projectile with a "corkscrew tail of smoke" fired by federal agents smashed through a third-floor apartment window while two residents (a 29-year-old medical student and her 70-year-old mother, both Yemeni immigrants who fled their country's civil war in 2014) were inside. Glass rained on the sidewalk below.
Chemical contamination of apartments: Residents reported "unprecedented" amounts of tear gas entering their homes through windows, gaps, and ventilation systems during both Saturday and Sunday protests.
Health consequences: Residents reported coughing fits, vomiting, fainting, bloody nasal discharge, chest tightness, and ongoing respiratory issues. Children were conditioned to sleep in closets.
PTSD triggers: Veterans and domestic abuse survivors experienced PTSD episodes from the chemical attacks and explosive sounds.
Financial costs to REACH: Mitigation efforts including air purifiers, charcoal HVAC filters, sticky mats, and overnight security have exceeded $210,000. Estimated additional costs of up to $100,000 for testing and comprehensive cleaning to remediate chemical residue.

REACH Community Development Lawsuit¶

Filed in December 2025, amended in late January 2026 to add additional plaintiffs. The lawsuit:
- Names DHS as defendant
- Alleges the government is "knowingly releasing poison gas into the homes of its own citizens"
- Seeks a preliminary injunction to stop use of chemical agents near the residential building
- Seeks declaration that the conduct is unconstitutional
- Seeks financial restitution
- Hearing scheduled for February 13, 2026

Eyewitness Accounts¶

Sworn Court Declarations (Filed February 2, 2026)¶

Andrew Kihn:

"I was standing next to a five-year-old girl and an elderly woman in her 70's using a walker. [...] I saw the 5-year-old suffering from the gas coughing so badly, dragging behind and doubling-over as they tried to leave the area."

Kimberly Nachbur:

"Agents from the ICE field office continually fired tear-gas canisters and deployed flash-bang grenades, which sounded like gunfire and created a thick fog."

Lucille Moody:

"I have attended protests in the past, and this was the most gas I have ever seen in my life. I could not breathe."

Richard Eckman, 83:

"When later the gas detonated and engulfed the crowd, it caused me to choke and gag. I had difficulty breathing and seeing as I attempted to make my way toward home."

Laurie Eckman, 84:

"I was coughing and choking. I couldn't see. I was disoriented and very scared."

Media Eyewitness Accounts¶

Teressa Barsotti, 45 (Willamette Week):
Described being two blocks from the ICE building when "loud bangs" were heard and yellow smoke clouds became visible. Her 13-year-old daughter's eyes burned and she tasted the gas. Barsotti's own symptoms: skin burning, eyes stinging, lungs burning, swollen lymph nodes, headache, sore throat compared to "smoking a pack of cigarettes."

Lisa Morrison, 64 (multiple outlets):
Attending with her 78-year-old husband, a retired ATU member: "Overcome with burning eyes, noses, throats, and skin [...] were blinded and started coughing and retching."

L.H., 29 (OPB):

"I never thought in a million years that would happen in the U.S."
"I feel like right now we're in danger, so nothing has really changed."

CrimethInc account:

"Shouts of 'Gas! Gas!' rippled through the march. People began turning around and trying to leave calmly, but the waves of gas spread fast, filling the blocks around us and choking everyone in its cloud."

Key Finding: No Warnings Issued¶

Multiple independent sworn declarations confirm that federal agents issued no verbal warnings before deploying chemical munitions. This contradicts U.S. Customs and Border Protection official Gregory Bovino's sworn statement that CBP policy requires verbal warnings "when possible" and time for compliance before deploying force.

Portland Police Bureau Response¶

The Portland Police Bureau (PPB) activated an Incident Management Team to monitor the January 31 protest.

PPB Resources Deployed¶

Rapid Response Team (RRT)
Dialogue Liaison Officers (DLOs)
Air Support Unit
Sound truck
Mobile Field Forces
Portland Fire & Rescue

PPB Actions¶

DLOs served as liaisons and facilitated the free speech event
Officers assisted with traffic control during the march
PPB observed the deployment of irritant gas by federal law enforcement
PPB facilitated medical treatment of patients by firefighters and paramedics
An embedded RRT medic (firefighter-paramedic) treated a man in a wheelchair who was knocked over during a confrontation
PPB documented one incident under case number 26-30527

Critical Facts¶

PPB made zero arrests on January 31.
PPB deployed zero crowd control munitions.
PPB does not engage in immigration enforcement per Directive 810.10.
Since June 2025, 86 total arrests have been made across all ICE-related protest activity.

The contrast between PPB's observation of a protest requiring zero arrests and zero force, versus federal agents' deployment of mass chemical weapons, is significant.

Federal Government Response¶

DHS Public Statements¶

Assistant Homeland Security Secretary Tricia McLaughlin (written statement):
- Claimed hundreds of demonstrators "violently stormed an ICE facility in Portland forming a shield wall with umbrellas."
- Alleged approximately 500 protesters "attempted to tie the vehicle gate shut with ropes and moved a dumpster to block the front gate."
- Claimed protesters "threw objects at law enforcement and rocks at cameras."
- Note: OPB reported these claims were "not independently verified."

DHS general statement:
- "Federal officers have followed their training and used the minimum amount of force necessary to protect themselves, the public, and federal property."
- "The First Amendment protects speech and peaceful assembly — not rioting."

ICE spokesperson (regarding Gray's Landing):
- Stated: "the fact that this particular location is experiencing this behavior more frequently than most others, is not remotely ICE's fault. That lies squarely with the rioters and with the state and local authorities who fail to maintain law and order on their streets."

CBP Policy Cited¶

CBP official Gregory Bovino's sworn statement indicated: "chemical irritants may be utilized as a compliance tool on a subject offering, at a minimum, active resistance." Border Patrol policy requires verbal warnings when possible and time for compliance before deploying force.

Critical finding: The ACLU contended that DHS "expressly reserved the ability to deploy chemical munitions on protesters who were nonviolent or nonthreatening, including those who were simply trespassing or engaged in passive resistance like refusing to obey an order."

Presidential Statement¶

President Trump wrote: "Please be aware that I have instructed ICE and/or Border Patrol to be very forceful in this protection of Federal Government Property. There will be no spitting in the faces of our Officers, there will be no punching or kicking the headlights of our cars, and there will be no rock or brick throwing at our vehicles, or at our Patriot Warriors."

Judge Simon's Assessment of DHS Culture¶

In his 22-page ruling, Judge Simon wrote: "Statements made by DHS officials and senior federal executives show that the culture of the agency and its employees is to celebrate violent responses over fair and diplomatic ones."

Government Condemnation¶

Mayor Keith Wilson (Portland)¶

January 31 statement:

"Through your use of violence and the trampling of the Constitution, you have lost all legitimacy and replaced it with shame."

"Go home, look in a mirror, and ask yourselves why you have gassed children."

"To those who continue to work for ICE: Resign. To those who control this facility: Leave."

Described the event as a "peaceful daytime protest where the vast majority of those present violated no laws, made no threat, and posed no danger to federal forces."

February 3 statement (after TRO):

"Today's ruling confirms what we've said from the beginning. Federal agents have used unconscionable levels of force against a community exercising their constitutional right to free expression."

"Peaceful civic participation isn't a threat."

Portland City Council¶

February 2 formal resolution:
Council "strongly condemned the use of chemical munitions, including tear gas, by federal agents against the community," stating it was "horrified by the harm caused to Portlanders exercising their First Amendment rights" and that "gassing our community is unacceptable."

Councilor Mitch Green¶

Present at the January 31 rally and personally experienced tear gas effects. Called on Mayor Wilson to enforce the new Portland code prohibiting tear gas use at detention centers.

Councilor Angelita Morillo¶

Co-authored the December 2025 detention facility fee ordinance. Co-sent letter requesting expedited enforcement.

Governor Tina Kotek¶

Statement (February 1):

"Trump's ICE has no place in Oregon. The use of tear gas against families, children, and peaceful demonstrators yesterday is a horrific abuse of authority that undermines public safety and violates constitutional rights. Federal agents must stand down and be held accountable."

February 5: Kotek and 31 Oregon mayors sent joint letter to DHS Secretary Noem and Border Czar Homan demanding: "an immediate halt to federal immigration enforcement actions in Oregon until thorough investigations of use-of-force incidents in Minneapolis, in Portland, and all other use of force incidents by federal agents are thoroughly investigated and those involved are held accountable to the fullest extent of the law."

The letter stated: "The actions of your officers are not making our communities safer. Parents are afraid to take their children to school. Families are avoiding health care. People are scared to go to work or even go to the store for essentials."

Oregon Attorney General Dan Rayfield¶

Encouraged people with video footage or accounts of federal agents' unlawful actions to report them to the Oregon Department of Justice.

Oregon Congressional Delegation¶

U.S. Senators Jeff Merkley and Ron Wyden, and U.S. Representatives Suzanne Bonamici, Janelle Bynum, Maxine Dexter, and Andrea Salinas wrote to DHS Secretary Kristi Noem demanding withdrawal of federal agents from Portland.

Note: Representative Bonamici is the spouse of Judge Michael Simon. The potential appearance of conflict has been noted in media but has not resulted in any recusal or legal challenge to date.

Oregon Nurses Association (ONA)¶

Condemned the use of force against protesters at the Portland ICE facility.

Legal Proceedings¶

Case 1: Dickinson v. Trump (Primary Case)¶

Full Title: Dickinson (a.k.a. "the Portland Chicken") et al. v. Trump et al.
Court: U.S. District Court for the District of Oregon
Judge: U.S. District Judge Michael H. Simon
Filed: November 21, 2025
Representing Attorneys: ACLU of Oregon (Legal Director Kelly Simon), Albies & Stark, The People's Law Project, Leduc Montgomery (also cited: Singleton Schreiber, BraunHagey & Borden LLP, Tonkon Torp)

Plaintiffs:
1. Jack Dickinson ("the Portland Chicken") — regular protester
2. Laurie Eckman, 84 — shot in head with pepper ball in October 2025
3. Richard Eckman, 83 — Vietnam War Navy veteran, walker struck by munition
4. Hugo Rios — freelance photojournalist, U.S. Air Force veteran
5. Mason Lake — freelance video journalist

Defendants:
1. Donald J. Trump, President of the United States
2. Kristi Noem, Secretary of the Department of Homeland Security
3. U.S. Department of Homeland Security

Claims:
- First Amendment violations: freedom of speech, freedom of the press, right to peaceably assemble
- Excessive force
- Retaliation against protesters and journalists

Key Ruling — Temporary Restraining Order (February 3, 2026):
Judge Simon issued a 22-page TRO prohibiting federal agents from using chemical or projectile munitions unless the specific target poses an "imminent threat of physical harm to a law enforcement officer or other person."

Specifically restricted munitions:
1. Kinetic impact projectiles
2. Pepper ball or paintball guns
3. Pepper or oleoresin capsicum (OC) spray
4. Tear gas or other chemical irritants
5. Soft nose rounds
6. 40mm or 37mm launchers
7. Less-lethal shotguns
8. Flashbang grenades
9. Stinger grenades
10. Rubber ball grenades

Additional restriction: Agents may not fire munitions at the head, neck, or torso of any person "unless the officer is legally justified in using deadly force against that person."

Additional restriction: Agents may not use these weapons merely for trespassing, refusing to move, or refusing to obey a dispersal order.

Key quotes from the ruling:

"In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated. In an authoritarian regime, that is not the case. Our nation is now at a crossroads."

"The repeated shooting and teargassing of nonviolent protesters at the Portland ICE Building will likely keep recurring."

"Statements made by DHS officials and senior federal executives show that the culture of the agency and its employees is to celebrate violent responses over fair and diplomatic ones."

"In helping our nation find its constitutional compass, an impartial and independent judiciary operating under the rule of law has a responsibility that it may not shirk."

Timeline of Legal Proceedings:
- November 21, 2025: Complaint filed
- January 27, 2026: Emergency filing by ACLU
- January 31, 2026: Mass chemical weapons deployment at Labor Against ICE march
- February 1, 2026: Second mass chemical weapons deployment at City Hall march
- February 2, 2026: ACLU files emergency supplemental documents with sworn declarations
- February 3, 2026: Hearing before Judge Simon; TRO issued
- February 12, 2026: Deadline for plaintiffs to file motion for preliminary injunction
- March 2, 2026: Three-day evidentiary hearing scheduled for preliminary injunction

Case 2: REACH / Gray's Landing Lawsuit¶

Plaintiff: REACH Community Development (owner of Gray's Landing), individual residents
Filed: December 2025, amended late January 2026 to add three new plaintiffs
Defendant: U.S. Department of Homeland Security
Claims:
- "Knowingly releasing poison gas into the homes of its own citizens"
- Unconstitutional conduct
- Creating hazardous nuisance
Seeks: Preliminary injunction, declaration of unconstitutionality, financial restitution
February 6 deadline: Government response to motion for preliminary injunction
February 13 hearing: Scheduled court appearance

This is a separate case concerning the federalization and deployment of Oregon National Guard to Portland. Judge Karin Immergut (after Judge Simon recused) blocked the deployment. A federal appeals court upheld the ruling. On November 7, 2025, after a three-day trial, the judge found Guard deployments "exceeded the president's authority." This case provides important context for the pattern of federal overreach in Portland.

National Context for Legal Proceedings¶

Similar ACLU lawsuits challenging federal use of chemical weapons against protesters have been filed in:
- Los Angeles, California
- Chicago, Illinois

In both jurisdictions, appeals courts have suspended or halted lower court rulings restricting federal agents' use of tear gas — a development that could affect the Portland TRO.

City of Portland Policy Response¶

Land Use Violation (September 2025)¶

Portland confirmed that building owner Stuart Lindquist violated the 2011 conditional use agreement for the ICE facility. Evidence showed ICE held people overnight and beyond 12 hours at least 25 times since October 2024 (the agreement prohibits detention beyond 12 hours or overnight). Initial penalty: approximately $950/month, potentially doubling after three months. Lindquist appealed, claiming "unlawful selective enforcement with a clear discriminatory motive."

Detention Facility Fee and Nuisance Ordinance (December 2025)¶

Introduced by Councilors Angelita Morillo and Mitch Green:
- Still-to-be-determined fee against detention facility landlords (applicable at lease renewal in 2033)
- Immediate fines for "nuisance" contamination from hazardous materials like tear gas and pepper spray
- Effective: January 1, 2026
- As of February 11, fee rates and enforcement rules have not yet been finalized by the city administrator's office

Proposed Citywide Tear Gas Ban (February 7, 2026)¶

A Portland City Councilor announced plans to introduce a proposal banning tear gas use citywide.

Community Petition¶

A coalition armed with over 17,800 petition signatures has pushed the city for months to revoke ICE's conditional land use permit. Protesters argue the detention facility fee is insufficient and does not punish DHS itself.

Continuing Protests and Developments¶

February 6: Student Walkouts¶

Students at David Douglas High School in Southeast Portland walked out of class. Carrying whistles and signs, students chanted along SE Market Road protesting ICE enforcement actions.

February 7: Protest at Mayor's Home¶

Approximately 60 people protested outside Mayor Keith Wilson's home, arguing he has not done enough to oppose ICE presence in Portland. Organizers demanded stronger action, including permit revocation.

Ongoing Status (as of February 11)¶

The TRO is set to expire approximately February 17 unless extended
Plaintiffs' preliminary injunction motion is due February 12
Gray's Landing hearing is scheduled for February 13
Three-day evidentiary hearing is scheduled for March 2
Protests continue at the ICE facility
86 total arrests have occurred since June 2025 in connection with ICE protest activity

Historical Context: Portland 2020¶

Operation Diligent Valor (2020)¶

The January 31, 2026 attack is a direct echo of Operation Diligent Valor in 2020, when the first Trump administration deployed federal agents to Portland during George Floyd / Black Lives Matter protests.

Key parallels:

Factor	2020	2026
Federal agencies involved	FPS, CBP, ICE, USSS	FPS, CBP
Chemical weapons used	Tear gas, pepper balls, flash-bangs	Tear gas, pepper balls, rubber bullets, flash-bangs
Targets	BLM/racial justice protesters	Labor/immigration rights protesters
DHS characterization	"Violent anarchists"	"Violent rioters"
ACLU lawsuit	Yes (settled)	Yes (ongoing)
Judicial intervention	Yes (TRO issued)	Yes (TRO issued)
Judge	Multiple	Judge Michael Simon
Federal agents' training	"Not specifically trained in riot control" (per internal DHS memo)	Unknown
Environmental contamination	Tear gas residue on streets, in Willamette River stormwater drains	Gas entered homes, shattered apartment window, $210K+ in mitigation costs
Presidential rhetoric	Justified force	"Be very forceful"

Key differences:
- 2026 attacks targeted a labor-organized, family-friendly daytime rally with children and elderly
- 2026 attack directly contaminated a low-income residential building
- 2026 attacks have nationwide context of federal agents killing protesters (Good, Pretti)
- The ACLU explicitly told the court the 2026 events "follow the same pattern of retaliatory force" as previously documented

2020 lawsuit resolution: In 2024, the ACLU of Oregon settled with the federal government over the 2020 excessive force allegations. The settlement acknowledged that "peaceful protesters in Portland were beaten, shot, and abducted by federal law enforcement."

DHS's own assessment of 2020: A 2021 DHS report found that over 750 federal officers were sent to Portland in 2020, and that Border Patrol agents were "not specifically trained in riot control or mass demonstrations."

Pattern Analysis: Federal Chemical Weapons Against Protesters Nationwide¶

The Portland attack is not an isolated incident. It is part of a documented pattern of federal chemical weapons use against civilian protesters during the 2025-2026 immigration enforcement crisis.

Documented Pattern¶

Minneapolis, Minnesota: Federal agents have deployed chemical weapons against immigration protesters. ACLU filed lawsuit. A federal appeals court suspended a lower court ruling restricting tear gas use.
Chicago, Illinois: Federal agents deployed chemical weapons against protesters. ACLU filed lawsuit. An appeals court halted a ruling restricting riot control weapons.
Portland, Oregon: Two days of mass chemical weapons deployment (January 31 - February 1, 2026), following months of sporadic deployment dating back to at least summer 2025.
Los Angeles, California: Similar ACLU lawsuits filed challenging federal use of force.

Escalation Timeline¶

The Portland ICE facility has been a protest site since at least summer 2025, with escalating federal force:
- Summer 2025: ICE facility closed for 22 days amid protests
- October 2025: Federal agents used chemical munitions against elderly couple (Eckmans)
- October 2025: Trump attempted to deploy Oregon National Guard (blocked by federal judge)
- January 2026: Chemical weapons deployed at increasingly large protests
- January 31, 2026: Mass deployment against thousands, including children

Federal Pattern of Characterization¶

In each case, federal authorities have:
1. Characterized peaceful protesters as "rioters" or "violent"
2. Claimed protesters "stormed" or "attacked" federal facilities
3. Asserted that force used was "minimum necessary"
4. Made claims not independently verified by journalists on scene
5. Blamed local and state authorities for failing to "maintain law and order"

Source Verification Matrix¶

Claim	Source Count	Source Types	Confidence
~3,000+ protesters attended Jan 31 rally	5+	News media, PPB statement, sworn declarations	HIGH
Tear gas deployed without warning	6+	Sworn court declarations, journalist accounts	HIGH
Children exposed to chemical agents	8+	Sworn declarations, news media, video evidence	CONFIRMED
Elderly individuals injured	4+	Sworn declarations, court filings	CONFIRMED
Federal agents fired from rooftop	2	Portland Mercury, CrimethInc	MEDIUM
Gas detectable from ~1 mile	3+	OPB, Oregon Capital Chronicle, CrimethInc	HIGH
Gray's Landing window shattered by projectile	4+	OPB, KPTV, KATU, court filings	CONFIRMED
No verbal warnings issued before deployment	6+	Sworn court declarations	HIGH
PPB made zero arrests	1	PPB official statement	CONFIRMED
PPB deployed zero crowd control munitions	1	PPB official statement	CONFIRMED
30+ labor unions organized the rally	5+	Multiple news sources, union statements	HIGH
DHS claims of "violent storming"	1	DHS statement (unverified by journalists)	LOW (unverified)
Sunday Feb 1 second deployment	4+	OPB, ACLU filings, multiple media	HIGH
Judge Simon's TRO issued Feb 3	10+	Court record, all major outlets	CONFIRMED
Judge Simon's "crossroads" quote	6+	Court ruling text, multiple outlets	CONFIRMED
Governor Kotek + 31 mayors letter	4+	OPB, KOIN, KLCC, IJR	HIGH
Gray's Landing mitigation costs $210K+	2	Court filings, KATU	MEDIUM
Dickinson v. Trump filed Nov 21, 2025	3+	ACLU, KGW, KOIN	HIGH
Laurie Eckman shot in head (Oct 2025)	4+	Court filings, CBS, IBT, CNN	HIGH

Full Sources List¶

Primary Sources (Court Documents and Official Records)¶

Dickinson v. Trump — Temporary Restraining Order (22 pages) — U.S. District Judge Michael H. Simon, February 3, 2026
REACH Community Development v. DHS — Amended Complaint (48 pages) — Filed December 2025, amended January 2026
Sworn declarations of Andrew Kihn, Kimberly Nachbur, Lucille Moody, Richard Eckman, Laurie Eckman — Filed February 2, 2026
Gregory Bovino sworn statement — CBP use of force policy
PPB press release: "PPB Monitors Protest Activity, No Arrests Made" — Portland.gov, February 1, 2026
Portland City Council resolution condemning tear gas — February 2, 2026
Governor Kotek and 31 mayors joint letter to DHS Secretary Noem — February 5, 2026
Oregon Congressional delegation letter to DHS Secretary Noem

News Sources — Oregon/Local¶

OPB — "Federal officers use crowd control munitions as demonstrators protest outside Portland ICE building" (January 31, 2026)
https://www.opb.org/article/2026/01/31/labor-against-ice-portland-oregon-immigration-protest/
OPB — "Judge considers limits on federal officers after weekend use of force on protesters, children in Portland" (February 2, 2026)
https://www.opb.org/article/2026/02/02/federal-officers-use-of-tear-gas-on-protesters-children-in-portland-set-to-go-before-a-judge/
OPB — "Chemical munitions used against protesters outside of Portland's ICE facility" (February 3, 2026)
https://www.opb.org/article/2026/02/03/chemical-munitions-used-against-protesters-outside-of-portlands-ice-facility/
OPB — "Judge limits federal officers' use of crowd control munitions at Portland ICE building" (February 3, 2026)
https://www.opb.org/article/2026/02/03/judge-limits-federal-officer-use-of-force-portland-ice-protesters/
OPB — "Yemeni mother and daughter shaken after apartment window broken by projectile near Portland ICE building" (February 5, 2026)
https://www.opb.org/article/2026/02/05/mother-daughter-shaken-after-apartment-window-broken-near-ice-building/
OPB — "How Portland is using city policies to try to punish an ICE facility" (February 2, 2026)
https://www.opb.org/article/2026/02/02/how-portland-is-using-city-policies-to-try-and-punish-an-ice-facility/
OPB — "Student-led protests against federal immigration actions continue in Portland" (February 6, 2026)
https://www.opb.org/article/2026/02/06/student-protests-ice-federal-immigration-enforcement-portland/
Oregon Capital Chronicle — "Federal judge restricts agents' use of tear gas, munitions against crowds at Portland ICE facility" (February 3, 2026)
https://oregoncapitalchronicle.com/2026/02/03/federal-judge-restricts-agents-use-of-tear-gas-munitions-against-crowds-at-portland-ice-facility/
Portland Mercury — "Portland Officials Condemn ICE After Federal Agents Tear Gas Peaceful Protesters and Children" (February 1, 2026)
https://www.portlandmercury.com/news/2026/02/01/48289870/portland-officials-condemn-ice-after-federal-agents-tear-gas-peaceful-protesters-and-children
Willamette Week — "She Took Her 13-Year-Old Daughter to a Labor March. ICE Tear-Gassed Them Both." (February 1, 2026)
https://www.wweek.com/news/2026/02/01/she-took-her-13-year-old-daughter-to-a-labor-march-ice-tear-gassed-them-both/
KOIN 6 — "Portland latest: Federal agents use tear gas on 'ICE Out' protesters, including children" (January 31, 2026)
https://www.koin.com/news/oregon/ice-out-demonstrations-held-around-the-portland-area-saturday/
KPTV — "Union workers protest ICE at Portland facility; City leaders decry use of tear gas" (January 31, 2026)
https://www.kptv.com/2026/01/31/live-labor-unions-rally-march-portland-ice-facility-protest/
KATU — "Lawsuit expanded as Gray's Landing accuses federal agents of reckless chemical munitions" (January/February 2026)
https://katu.com/news/local/grays-landing-sues-to-halt-tear-gas-near-portland-ice-adding-plaintiffs-in-plea-for-safety
KATU — "Projectile shatters Gray's Landing window as residents report trauma from crowd-control weapons"
https://katu.com/news/local/projectile-shatters-grays-landing-window-as-residents-report-trauma-from-crowd-control-weapons-ice-immigration-customs-enforcement-protests-reach-grays-landing-lawsuit
KPTV — "Portland councilor to propose citywide tear gas ban after ICE facility protests" (February 7, 2026)
https://www.kptv.com/2026/02/07/portland-councilor-propose-citywide-tear-gas-ban-after-ice-facility-protests/
Portland Tribune — "Federal judge issues temporary order restricting munitions at Portland ICE building" (February 3, 2026)
https://portlandtribune.com/2026/02/03/federal-judge-issues-temporary-order-restricting-munitions-at-portland-ice-building/

News Sources — National¶

CNN — "Federal agents in Portland, Oregon, must limit tear gas for now at protests outside ICE building, judge says" (February 4, 2026)
https://www.cnn.com/2026/02/04/us/portland-ice-protest-tear-gas
CBS News — "Mayor of Portland, Oregon, demands ICE leave the city after federal agents tear gas protesters"
https://www.cbsnews.com/news/portland-ice-protests-saturday-mayor-keith-wilson/
ABC News — "Portland mayor demands ICE leave city after federal agents gas protesters"
https://abcnews.go.com/Politics/wireStory/mayor-portland-oregon-demands-ice-leave-city-after-129758177
Washington Post — "Judge temporarily bans use of tear gas at protests near Portland ICE office" (February 4, 2026)
https://www.washingtonpost.com/immigration/2026/02/04/portland-ban-tear-gas-ice-protests/
Fox News — "ICE protesters march through Portland streets, clash with federal agents"
https://www.foxnews.com/us/hundreds-anti-ice-protesters-shut-down-streets-portland
Common Dreams — "Citing Threat of 'Authoritarian Regime,' Judge Orders ICE to Stop Tear-Gassing Protesters in Oregon"
https://www.commondreams.org/news/portland-tear-gas
Spokesman-Review — "Anti-ICE protest draws massive crowd at South Portland facility, feds deploy tear gas"
https://www.spokesman.com/stories/2026/jan/31/anti-ice-protest-draws-massive-crowd-at-south-port/
IBTimes — "Federal Judge Bans ICE From Using Tear Gas and Rubber Bullets on Peaceful Portland Protesters After Elderly Couple Injured"
https://www.ibtimes.co.uk/ice-banned-using-teargas-projectiles-protesters-judge-ruling-1776473

Advocacy and Analysis Sources¶

ACLU of Oregon — "ACLU of Oregon Wins Emergency Order to Stop Department of Homeland Security Officers from Retaliating Against Portland ICE Building Protestors"
https://www.aclu-or.org/press-releases/aclu-of-oregon-submits-emergency-filing-to-stop-department-of-homeland-security-officers-from-retaliating-against-portland-ice-building-protestors/
ACLU of Oregon — Case page: Dickinson v. Trump
https://www.aclu-or.org/cases/dickinson-et-al-v-trump-et-al/
Labor Notes — "Portland Labor Rally against ICE Attacked with Tear Gas" (February 2026)
https://labornotes.org/blogs/2026/02/portland-labor-rally-against-ice-attacked-tear-gas
CrimethInc — "They Are Tear-Gassing Children: The Federal Assault on the ICE Out! Labor March in Portland" (February 2, 2026)
https://crimethinc.com/2026/02/02/on-tear-gassing-children-the-federal-assault-on-the-ice-out-labor-march-in-portland
JURIST — "US judge restricts federal use of tear gas at Portland ICE protests"
https://www.jurist.org/news/2026/02/us-judge-restricts-federal-use-of-tear-gas-at-portland-ice-protests/

Government Sources¶

Portland.gov (Mayor) — "Judge orders federal agents to curb use of force and tear gas at ICE facility" (February 3, 2026)
https://www.portland.gov/mayor/keith-wilson/news/2026/2/3/judge-orders-federal-agents-curb-use-force-and-tear-gas-ice
Portland.gov (Council) — "Council condemns tear gas at protests, calls for ongoing community action" (February 2, 2026)
https://www.portland.gov/council/news/2026/2/2/council-condemns-tear-gas-protests-calls-ongoing-community-action
Portland.gov (Police) — "PPB Monitors Protest Activity, No Arrests Made" (February 1, 2026)
https://www.portland.gov/police/news/2026/2/1/ppb-monitors-protest-activity-no-arrests-made
Portland.gov — "About the ICE facility"
https://www.portland.gov/federal/about-ice
OPB — "Gov. Tina Kotek, 31 Oregon mayors call for ICE to halt immigration enforcement actions immediately" (February 5, 2026)
https://www.opb.org/article/2026/02/05/gov-tina-kotek-31-oregon-mayors-call-for-ice-to-halt-immigration-enforcement-actions-immediately/

Reference Sources¶

Wikipedia — "2025-2026 Portland, Oregon protests"
Wikipedia — "2026 U.S. immigration enforcement protests"
Wikipedia — "2020 deployment of federal forces in the United States"

Methodology¶

This dossier was compiled using Bellingcat-standard OSINT methodology:

Collection: Systematic web searches across news databases, government websites, court records, and advocacy organizations. Over 40 distinct sources identified and cross-referenced.
Verification: Three-source rule applied to all major claims. Sworn court declarations given highest evidentiary weight. DHS claims flagged where not independently verified.
Source evaluation: Sources rated for provenance, corroboration, timeliness, and potential bias. Pro-government, neutral, and pro-protester sources all included for completeness.
Confidence levels:
CONFIRMED: Official records, court documents, uncontested facts
HIGH: 3+ independent sources from different platforms/types
MEDIUM: 2 independent sources
LOW: Single source or unverified claims (DHS characterizations flagged)
Limitations:
Specific chemical agent brand names and manufacturers not identified
Exact case number for Dickinson v. Trump not located in public search results
Federal agents' body camera footage not publicly available
Some eyewitness accounts could not be independently verified beyond sworn declarations
Events after February 7 are sparsely covered in available sources
Legal compliance: All sources are publicly available. No paywalls bypassed, no private content accessed, no authentication required.

Dossier compiled: 2026-02-11
Investigator: Mortui Vivos Docent Intelligence Project / Mortui Vivos Docent Intelligence Project
Methodology: Bellingcat-standard OSINT — public sources only
Total sources: 45+
Confidence assessment: HIGH