Oregon Puts Federal Officers on Notice After Reports of Tear Gas, Forced Arrests, and Excessive Force

The Oregon Attorney General co-signed a letter with District Attorneys from 3 counties- Multnomah, Washington, and Clackamas, yesterday to the US Department of Justice’s (DOJ) Pam Bondi and the Department of Homeland Security’s (DHS) Kristi Noem demanding they put an end to unlawful and reckless actions by federal officers operating in Oregon.

Attorneys Demand That DHS Halts Unlawful Use Of Force

In a formal letter released yesterday, Attorney General Dan Rayfield, Multnomah County District Attorney Nathan Vasquez, Washington County District Attorney Kevin Barton, and Clackamas County District Attorney John Wentworth gave notice that the state and counties are actively monitoring past and current conduct of federal officers and will investigate and prosecute any case where it appears a federal officer is engaging in conduct beyond the reasonable scope of their duties in executing and enforcing federal law.

The Supremacy Clause affords federal officers immunity only from State criminal prosecution for the reasonable discharge of their duties, not beyond.

The letter details a months-long pattern of excessive force by DHS personnel, including federal officers striking Portland Police Bureau officers and Oregon State Police officers with munitions, tear-gas deployments that endangered residents and other law enforcement, stopping teenagers at gunpoint, and arresting US citizens using unnecessary force.

AG Rayfield said, “It doesn’t matter who you are, you have to follow the law and our Constitution.”

In the interests of community safety, the attorneys also requested that the federal government comply with the following while in Oregon:

• Cease and desist all unlawful and unconstitutional actions.
• Provide and require appropriate training for all persons who will or could have direct contact with residents of Oregon.
• Maintain communication and coordination with local law enforcement to ensure the safety of all, including peaceful protesters, at the Portland ICE facility.
• Investigate all credible accusations of excessive force by federal employees.
• Cooperate with all state investigations into potential violations of Oregon law.

Attorney General Rayfield said, “We are putting them on notice that we are watching and will hold them accountable if they do not follow the law.”