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PORTLAND, Ore. (KOIN) — New questions about federal force in Portland arise after tear gas and pepper bullets filled Portland’s South Waterfront this weekend, as federal officers clashed with anti-ICE protesters.
“I am deeply concerned about the conduct of these federal officers,” said attorney Juan Chavez with the Oregon Justice Resource Center.
As the Director of the Civil Rights Project, Chavez says the Fourth Amendment protects against excessive force.
“Officers need to have particular reasons to use force against the person that they’re using these weapons against. That is just the opposite of what happens when these federal officers are using tear gas or pepper spray – that’s injuring everybody,” he said. “That is dispersing people who are engaged in First Amendment protected activities, and that’s not what law enforcement should be doing.”
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Large military helicopters flew in the skies above the ICE facility in South Portland, October 4, 2025 (KOIN) -
Armed federal agents confronted protesters at the ICE facility in South Portland, October 4, 2025 (KOIN) -
Armed federal agents outside the ICE facility in Portland, 6 p.m., October 5, 2025 (KOIN) -
Uniformed federal agents confronted protesters outside the ICE facility in South Portland, October 4, 2025 (KOIN) -
Armed federal agents confronted protesters at the ICE facility in South Portland, October 4, 2025 (KOIN) -
One person (on the ground) was detained by armed personnel outside the ICE facility in South Portland, September 30, 2025 (KOIN) -
Armed federal agents on the roof of the ICE facility in Portland looking down at protesters on the sidewalk, October 5, 2025 (KOIN) -
An armed federal agent on the roof of the ICE facility in Portland looking down at protesters on the sidewalk, October 5, 2025 (KOIN) -
A protester was arrested by federal agents outside the ICE facility in Portland, October 5, 2025 (KOIN)
He says federal officers can enforce federal law — but arrests outside the ICE facility must involve a clear federal violation.
Read: The United States Constitution
“Outside of that, those are unlawful arrests,” Chavez added.
Accountability, he said, is limited. The 2022 Supreme Court case Egbert v. Boule sharply restricted lawsuits against federal officers for violating constitutional rights — especially under the First and Fourth Amendments.
“It’s not to say that it’s impossible, but it’s severely restricted,” he said.
As protests continue, KOIN 6 News crews have also captured people fighting and damaging property at the ICE facility.
“People should be aware that there are indeed criminal consequences to going beyond what is protected under the First Amendment to engaging in criminal activity,” Chavez said.
Protesters have a right to demonstrate peacefully, he said, but federal force and criminal behavior on either side will face scrutiny.
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Elise Haas
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