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Oregon residents sue Homeland Security after tear gas used on anti-ICE protesters
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An affordable housing nonprofit and group of nearby residents filed a lawsuit against the Department of Homeland Security (DHS), asking the court to “preclude” the agency from deploying tear gas and chemical or smoke-related munitions that were affecting nearby homes in Oregon.
The suit comes amid months of clashes between DHS agents and anti-immigration-enforcement groups, including Antifa, outside an Immigration and Customs Enforcement (ICE) facility near Interstate 5, where illegal immigrants have been detained and processed.
The Gray’s Landing houses involved in the suit — which was brought by REACH Community Development and supported by the progressive groups Democracy Forward and Protect Democracy — lies kitty-corner to the ICE facility on the Willamette River.
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Federal agents clash with protesters outside a downtown U.S. Immigration and Customs Enforcement facility in Portland, Oregon, Oct. 4, 2025. (Spencer Platt/Getty Images)
In the filing, the plaintiffs called DHS’ actions “shocking” and asked the court to ban immigration enforcement agents from using chlorobenzalmalononitrile (CS gas/”tear gas”) and other crowd control tools “unless the use of such munitions is necessary to protect against an imminent and concrete threat to the lives of federal officers or other persons.”
The suit claims officers have deployed pepper balls, CS gas and the like “toward and around” the low-income housing complex “repeatedly when faced with no violence from protesters or imminent risk of harm.”
The nearby residents claimed to have suffered acute respiratory distress, ocular burning sensations and post-traumatic stress disorder episodes due to ICE’s forceful enforcement strategies.
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“The government causing poisonous gas and chemicals to enter plaintiffs’ bodies violates their right to bodily integrity, which the Supreme Court has long recognized as a component of the right to liberty,” the suit claimed.
REACH CEO Margaret Salazar said that as a residential community, Gray’s Landing houses families, senior citizens, veterans and handicapped people who are “repeatedly exposed to chemical agents.”
“Children are coughing indoors, seniors are struggling to breathe, and daily life has become a source of stress and fear.”
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An anti-ICE demonstrator wearing a keffiyeh is led away by authorities in handcuffs. (TPUSA Frontlines)
Democracy Forward leader Skye Perryman added that chemicals being used by the feds are also discouraging protesters from “using their voices.”
“Federal officers know that poison is flooding apartments where families live, where children sleep, and where seniors and veterans seek safety—and they keep using them anyway, fully aware of the severe harm they cause. There is no legal or moral justification for this use of force–it is a profound abuse of power and violates the U.S. Constitution. We are in court to stop it.”
Daniel Jacobson, an attorney for the plaintiffs, said in a statement the government is “poisoning” residents.
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President Donald Trump previously tried to deploy Oregon National Guard troops to quell springtime unrest in Portland, while Oregon sits among the top five states with the largest year-to-year increase in ICE arrests according to the Salem Reporter.
More than 660 people have been arrested by the feds there in 2025.
After Trump indicated during the summer that DHS would be asked to focus on certain problem areas of the country, Oregon Gov. Tina Kotek remarked, “I don’t take kindly to the fact that the federal administration is picking on particular cities.”
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In November, Sen. Jeffrey Merkley, D-Ore., slammed the administration for “disturbing” raids he said are “terrorizing our communities” and allegedly detaining people “solely” based on race.
“Trump is using ICE to stoke fear and uncertainty in our communities, shredding our Constitution in the process,” Merkley claimed.
Rep. Suzanne Bonamici, another Oregon Democrat representing Tillamook and part of Portland, led a letter to DHS Secretary Kristi Noem demanding information on the types of irritants and munitions being used against protesters.
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“More than a dozen advocates outside the facility have reported unprovoked attacks by Homeland Security police and FPS officers,” she claimed in the October missive, which was also signed by Merkley, Sen. Ron Wyden, and Rep. Maxine Dexter.
Fox News Digital reached out to the DHS for comment. While the agency did not directly respond for comment, Secretary Kristi Noem said in a recent statement that she will seek prosecution for all who doxx ICE agents.
“These criminals are taking the side of vicious cartels and human traffickers. We won’t allow it in America,” she said, as the agency appeared to defend its use-of-force tactics, citing the Portland facility being “under siege” for some time.
“Rioters have attacked law enforcement officials, destroyed federal property, and have posted death threats at the facility. Outside of the facility, graffiti on the sidewalk reads ‘Kill Your Masters’,” the agency said in a July statement.
“Across the country, federal law enforcement has come under attack. Gunmen opened fire on Border Patrol and ICE officers in Texas over the Fourth of July weekend on two separate occasions, seriously wounding two,” the statement added.
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The Oregon Supreme Court on Thursday declined to review the Oregon Court of Appeals’ decision upholding Multnomah County’s ban on flavored tobacco and nicotine products.
Legal challenges have so far delayed the ordinance from taking effect since it was passed four years ago. It was not immediately clear when the ban would go into effect.
“Flavors are one of Big Tobacco’s biggest tricks to hook the next generation of Oregonians on their deadly products,” Christina Bodamer, who leads the Western states region of the American Heart Association, said following the court’s decision.
The Board of County Commissioners originally approved the ordinance banning flavored tobacco and nicotine products in December 2022 to take effect Jan. 1, 2024. But the ordinance hit a roadblock: a court challenge by the 21+ Tobacco and Vapor Retail Association of Oregon, e-cigarette retailer No Moke Daddy LLC, and vape shop owner Paul Bates.
It has been working its way through the state court system since. The Multnomah County Circuit Court upheld the ban in September 2023. The state Court of Appeals continued the pause on implementation February 2024, before upholding the ban in an April 2025 decision. The Supreme Court’s denial of review marks the end of the saga.
The Supreme Court rejected a challenge to a similar restriction in Washington County in May. That now sets up both ordinances to go into effect, which will together ban flavored tobacco and nicotine for one-third of Oregonians. A similar ban failed in the Oregon Legislature in 2025, dying in committee.
Tobacco use is the top cause of preventable death and disease in Oregon, according to the Oregon Health Authority. More than 8,000 Oregonians die from tobacco use each year.
Supporters of the ban argue that flavored tobacco acts as a gateway for underage use. According to Flavors Hook Oregon Kids, a coalition of more than 60 organizations that support the ban, 81% of Oregonian kids who’ve used tobacco started with flavored products. And flavored products are much more popular among kids and young adults than older adults, OHA says.
Richard Burke, executive director of the 21+ Tobacco and Vapor Retail Association of Oregon, tells WW the group is disappointed that the Supreme Court did not take up the case. He argues that banning flavored tobacco “has effectively granted a monopoly to the black market,” where flavored products are often laced with more dangerous substances.
“We agree with the goal of keeping these products out of the hands of minors,” Burke says. “But this is an overcorrection that will result in unintended consequences as has been shown by attempts to institute flavor bans in other parts of the country.”
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