Portland Enacts New Rule to Fine ICE Facility for Releasing Chemical Irritants in South Waterfront Neighborhood
PORTLAND, Ore. — A new City of Portland rule banning the release of chemical irritants came into effect at 3 p.m. on Friday, under which the U.S. Immigration and Customs Enforcement (ICE) facility in Portland’s South Waterfront neighborhood will be fined $5,000 for the first violation, $10,000 for the second, and a $15,000 fine for further violations.
Portland Rule Bans Chemical Irritants At ICE Facility
A new Portland rule bans the release of chemical irritants that “impact safety and enjoyment in the public right-of-way or adjacent property.” It allows the city to fine offenders who cause this nuisance. It will remain in place for 180 days while the city completes a permanent administrative rulemaking process.
The new temporary rule includes service requirements, a citation process, and appeal procedures, and establishes an enforcement framework. Each day of noncompliance may be treated as a separate violation.
Source: Portland.gov policy ENB 8.05 citing PCC 5.80.060
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The Portland ICE Facility Permit Challenge
The new rule is separate from both:
- The city code bars the property owner from using or allowing chemical substances, banning contamination that makes the building unsafe. On Feb. 3, a temporary injunction was issued by a judge prohibiting federal officers from using tear gas and other non-lethal munitions unless they face an immediate threat.
- The ongoing challenge to the facility’s land-use agreement. In September, a land-use agreement violation notice was delivered to the landlord of the ICE building, citing detention for longer than 12 hours or overnight. Portland officials upheld an administrative review of the violation findings by the building’s owner.
The City of Portland alleges that the ICE facility at 4310 S. Macadam violated its permit’s “no overnight or over-12-hours” rule 25 times between Oct. 1, 2024, and July 27, 2025. The landlord faces a $934 monthly code-enforcement fee as a lien after March 16, 2026, until the violations are corrected.
Here are the key court and city actions tied to the ICE facility dispute:
| Date | Action | What it changes |
|---|---|---|
| Sep 18 2025 | City issues notice of zoning violation | Targets alleged detentions beyond the approved time limits |
| Dec 30 2025 | Owner challenges notice in city review meeting | Starts the administrative review record |
| Feb 3 2026 | Federal court TRO limits tear gas and less lethal force | Restricts use unless there is an imminent threat of physical harm |
| Feb 13 2026 | City upholds violation in administrative review decision | Keeps the notice active unless appealed to hearings office |
| Mar 16 2026 | Deadline to correct permit violations | After this date a monthly $934 fee can attach as a lien |