A pair of Oregon state lawmakers, an attorney, a church and a social justice group filed a lawsuit against four federal agencies Tuesday over the presence of federal agents in Portland as the city grapples with nightly protests that have at times turned violent.
State Reps. Janelle S. Bynum and Karin A. Power, both Democrats, are named as plaintiffs in the suit filed in federal court, along with Portland lawyer Sara D. Eddie, the First Unitarian Church of Portland and Western States Center.
The defendants named in the suit are the Department of Homeland Security (DHS), U.S. Customers and Border Protection (CBP), the Federal Protective Service and U.S. Marshals Service.
“While the federal government may protect its property and personnel, the federal government is constrained by the Constitution from policing the City of Portland broadly speaking, and there is no positive delegation of authority in any law that makes the federal government’s recent forays into general policing in Portland either legal or constitutional,” the suit says.
The lawsuit comes amid a fight between local and congressional leaders and the Trump administration over the use of federal forces in several cities in response to protests and increases in crime. Demonstrations in Portland have been held nightly at the Mark O. Hatfield Courthouse and Multnomah County Justice Center in the downtown area.
At times, looting and clashes between protesters and police have erupted.
Critics have decried the use of federal agents in Portland as reports of the arrest of protesters and the use of tear gas and other crowd-control tools continue to surface. Some lawmakers and protesters said people have been swept off the street by militarized-looking agents and into unmarked vehicles.
The lawsuit says federal agents have not identified themselves or their agencies, and have obscured their name tags and badges. Furthermore, it claims agents have encroached on city sidewalks and gone beyond their jurisdiction on federal property to conduct law enforcement activities.
“Defendants have deprived Portlanders the right to protest peacefully, and to transit peacefully to and from protest locations,” the suit says. “Defendant [sic] have done so through, among other things, unwarranted seizures and detentions, including stuffing people into unmarked vehicles, performed under the color of federal law.”
Power said statements that the city is “under siege” are laughable.
“The physical injuries sustained by peaceful protesters at the hands of federal law enforcement agencies, however, are not,” she added in a statement.
The suit asks a judge to issue an order restricting federal agents to federal property. The American Civil Liberties Union (ACLU) of Oregon and Oregon Attorney General Ellen Rosenblum also filed separate lawsuits seeking to restrict the role of the federal government in Portland, The Oregonian reported.
