Residents of a low-income housing complex in Portland testified Friday about tear gas seeping into their homes from nearby Immigration and Customs Enforcement facility protests, as they asked a federal judge to ban the use of chemical munitions in the area.
Nine residents at Gray's Landing, an affordable apartment building located diagonally across from the ICE facility in southwest Portland, joined with the building's management companies to sue the federal government in December over the deployment of chemical agents during protests.
The residents testified about severe health impacts from tear gas exposure, with some wearing gas masks to bed and others sleeping in closets or bathrooms to avoid the chemicals. Several residents said they made repeated visits to doctors to address new or worsening medical conditions caused by the chemical exposure.
"Our federal government is knowingly putting them through hell, for no good reason at all," said Daniel Jacobson, the attorney representing the neighbors. "They are not going to stop on their own; only the courts can stop them."
The lawsuit targets ICE and the Department of Homeland Security, accusing the agencies of deploying chemical munitions against protesters without considering the impact on the nearby apartment complex. According to the residents, the chemical emissions drift into their homes and affect their health for days or weeks after deployment.
Diana Moreno, one of the plaintiff residents, told the court that frequent tear gas emissions have exacerbated her medical conditions. Testimony from residents described physical impacts including difficulty breathing, dizziness, coughing and rashes.
The federal government defended its use of crowd control measures, arguing that officers are entitled to deploy such tactics to manage protests. Samuel Holt with the Justice Department argued that "there is no substantive due process right to be free from the effects of lawfully deployed crowd control measures."
The government also contended that the crowd control tactics "do not even come close to shocking the conscience," pushing back against claims that the chemical deployments violate constitutional protections.
The residents' lawsuit includes additional allegations that the government artificially inflamed tensions at the ICE facility and deployed chemical agents to support former President Donald Trump's efforts to send in the National Guard during protests.
U.S. District Judge Amy Baggio, appointed by President Joe Biden, is presiding over the case. The residents are asking Baggio to issue an injunction blocking the Department of Homeland Security from deploying tear gas and other chemical munitions in the area unless there is a genuine threat to public safety.
The case highlights ongoing tensions around immigration enforcement in Portland, where the ICE facility has been a frequent site of protests. The proximity of Gray's Landing to the federal facility has created an unusual situation where residents of affordable housing bear the physical consequences of law enforcement's crowd control tactics.
The residents' legal challenge focuses on the constitutional implications of chemical munitions deployment affecting private homes. Their attorneys argue that the federal government's use of tear gas without regard for nearby residents violates due process protections.
The testimony Friday provided detailed accounts of how tear gas exposure has disrupted daily life for residents. Beyond immediate physical symptoms, residents described the psychological impact of living in fear of chemical exposure and the financial burden of increased medical visits.
The management companies joining the lawsuit represent an unusual element, as property owners typically avoid involvement in contentious political litigation. Their participation underscores the severity of the situation and the impact on housing operations.
The federal government's defense strategy centers on law enforcement's authority to use reasonable force in crowd control situations. Government attorneys argue that any incidental effects on nearby residents do not override the need for effective protest management.
The case raises broader questions about the balance between law enforcement authority and residents' rights, particularly in urban areas where federal facilities are located near residential communities. The outcome could influence how federal agencies consider collateral impacts when deploying crowd control measures.
Judge Baggio has not indicated when she will rule on the residents' request for an injunction. The decision will likely weigh competing interests between public safety enforcement needs and residents' constitutional rights to be free from government actions that affect their homes and health.
The Portland case represents one of several legal challenges nationwide examining the use of chemical munitions in crowd control situations, particularly regarding impacts on nearby communities not directly involved in protests or demonstrations.
As the legal proceedings continue, Gray's Landing residents remain in their homes adjacent to the ICE facility, uncertain when or if chemical deployments might occur again during future protests at the federal immigration enforcement site.