Salem, Oregon – Oregon Attorney General Dan Rayfield has filed legal arguments and evidence in a case that questions how federal officers acted during protests outside the Portland Immigration and Customs Enforcement building. The filing supports a lawsuit filed by the ACLU of Oregon on behalf of demonstrators and journalists who say their First Amendment rights were violated and that too much force was used.
According to evidence provided to the court, federal agents used tear gas on crowds several times on the weekend of January 31. The Oregon Department of Justice has collected testimony that shows how chemical agents traveled among groups of people who were extremely close together, causing confusion and discomfort. Witnesses said they had trouble breathing, couldn’t see well, and felt like they were trapped as tear gas and pepper balls filled the air.
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Adrian Rodriguez, a college professor from the area, made one statement. He went to the event alongside members of the American Federation of Teachers and the Oregon Education Association.
“What really scared me was that even though I was wearing my N-95 mask, the gas went through it like butter,” said Rodriguez.
“The burning in my lungs did not feel like one intense wave, but like individual points of pain, like prickles, burning in a lot of tiny places. I tried to move faster to get to clean air even though it was really hard for me to see. It was very scary. I have never felt that sensation before.”
Rayfield’s filing requests the federal district court to grant a temporary order that limits the use of pepper balls, tear gas, and other crowd-control weapons against peaceful protesters. The hearing on that request is set to start on March 2 and last for three days.
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State attorneys said that federal law enforcement must follow the rules on using force and respect people’s rights to free speech and assembly.
“President Trump and his administration have sent the message to ICE officers that they’re above the law. And now we’re seeing the results of that reckless behavior play out in our communities,” said Attorney General Rayfield.
“Peaceful protesters – kids, seniors, and families – are being hit with tear gas and pepper balls in our streets. This behavior is dangerous and it is un-American. We will not stand by and allow it to continue.”
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The attorney general has emphasized that Oregon would keep using all of its legal options to respond when the federal government breaks the law or violates residents’ rights.
The Oregon Department of Justice is also asking people who think their rights were violated by federal law enforcement to file reports through its Federal Overreach Reporting Portal. This will help the state look at patterns of behavior and decide what to do next.
