Demonstrators accuse the officers of using excessive force and instigating confrontation. The federal government says it’s simply protecting its property. PORTLAND, Ore. — Clouds of smoke. Tear gas. Pepper spray. For months, federal officers have used less-than-lethal weapons and tactics against protesters outside the federal Immigration and Customs Enforcement, or ICE, facility in Portland. Demonstrators accuse the officers of using excessive force and instigating confrontation. The federal government says it’s simply protecting its property. But a closer look reveals something deeper — a little-known federal agency with broad authority and a system that allows the Department of Homeland Security to pull in elite, specially trained tactical teams to help police protesters. At the center of the response is the Federal Protective Service, or FPS. The agency, part of the Department of Homeland Security, is responsible for guarding federal buildings and ensuring the safety of employees and visitors. In Portland, that means protecting the ICE facility. The government-leased building in the South Waterfront neighborhood has been the focal point of anti-ICE protests since early June. Normally, there are four FPS inspectors, along with an undisclosed number of private security officers assigned to the Portland ICE office, according to the agency’s deputy regional director. But over the past few months, the number of federal officers protecting the ICE building has surged to as many as 197 officers in a single 24-hour period, according to court records. And the officers protecting the ICE building aren’t all FPS employees. Many came from other parts of DHS through what’s known as cross-designation. The mechanism allows FPS to bring in officers from other DHS agencies including Customs and Border Protection, Bureau of Prisons, and the Secret Service. Video evidence indicates specially trained units such as U.S. Border Patrol BORTAC and a special response team from ICE have been on the ground in Portland. Critics explain that many of these specially trained officers, who normally rely on military tactics, aren’t used to facing off with protesters. “It actually creates a lot of danger and conflict, and that results in the various sorts of civil rights abuses and aggressive policing that we're seeing,” said Spencer Reynolds, formerly senior counsel in the Liberty and National Security program at the Brennan Center for Justice at NYU Law and a former DHS intelligence attorney. “These agents are not trained for crowd control,” Reynolds said. “They’re trained to go and do remote interdictions and the like.” To better understand the crowd dynamics and interaction between protesters and federal officers, KGW reviewed dozens of video clips and social media posts. We spoke with eyewitnesses, listened to trial testimony and got a guided tour of the ICE facility — although access was limited. Many nights outside the ICE facility in Portland follow a familiar pattern. Officers emerge from the front gate, then push out in a U shape or wedge formation, clearing the way for vehicles to enter or exit the ICE building. Although protesters are sometimes antagonistic, video appears to show officers, at times, responding with disproportionate force. On October 2, Leilani Payne stood in front of officers on the street after they cleared the exit, allowing a car to leave the property. She complied. But after the 19-year-old allegedly shouted insults and swore at the officers, one of them blasted her with chemical spray in the face. Payne said she had trouble breathing and suffered burning in her eyes, ears and throat. Your browser does not support HTML5 video. In some instances, federal officers appeared to attack when there was no apparent threat. Videos show protesters who crossed the blue line marked “US Government, Do Not Block” being tackled by a team of officers. On August 13, protester Daryn Herzberg was standing outside the driveway, when a federal officer tackled him from behind. His body slammed into the pavement from the unexpected shove. Smoke was deployed. Herzberg said he was taken into custody and cited for failure to comply. Your browser does not support HTML5 video. In 2023, DHS updated to its use-of-force policy. It allows officers to use force “only when no reasonably effective, safe, and feasible alternative” exists, and they can only use a level of force that is objectively reasonable. On several nights, the policy appeared to be tested. Officers blanketed the street with smoke and tear gas, used flash-bangs, pepper balls and other less-than-lethal munitions. Their actions often seemed to make the situation worse instead of calming it down. On October 18, a large crowd of peaceful protesters gathered outside the ICE facility following a "No Kings" rally. KGW zoomed in and slowed down the video. It showed a federal officer who fired a less-than-lethal round into the ground, ricocheting toward the ICE building. That triggered federal officers to deploy tear gas on the crowd. The intent of tear gas is dispersal, but misuse or abuse can cause injuries or inflame tensions even more. KGW sent the Department of Homeland Security videos of the incidents described in this story. In response, a spokesperson issued a written statement. “ICE and CBP are trained to use the minimum amount of force necessary to resolve dangerous situations to prioritize the safety of the public and themselves,” the statement said. “Our officers are highly trained in de-escalation tactics and regularly receive ongoing use of force training.” As of mid-November, court records indicate federal prosecutors have charged 36 people with crimes related to the ICE facility in Portland since June. Some of those cases involved assaults on federal officers, arson and property damage. Federal law gives U.S. Homeland Security broad authority to protect federal buildings, with no clear limit on how far off-site officers can operate. On Sept. 30, video showed a team of 20 federal officers spread out on the street away from the building’s entrance. One protester was arrested, then dragged back toward the building. Later, that same video showed another large group of federal officers walking toward the ICE building. They too had made an arrest. The video went on to show federal officers returning to the street and marching more than a block from the ICE building and out of camera view. At the same time, Homeland Security has used helicopters and drones to circle overhead, frustrating neighbors and inflaming tensions. The conflict over immigration policy and attempts by President Donald Trump to deploy National Guard troops helped mobilize a new strategy among protesters: inflatable costumes. But even those in costume have faced off with federal officers. On Oct. 2, Seth Todd said he was peacefully protesting in a frog suit when an officer aimed chemical spray directly at his costume’s air vent. Your browser does not support HTML5 video. Protesters and local officials accuse the federal government of abusing its authority. On October 6, Portland city attorney Robert Taylor wrote a letter to the U.S. Department of Justice. “In Portland, we appear to be witnessing the federal government engaging in unconstitutional uses of force in violation of the Fourth Amendment against otherwise peaceful demonstrators exercising their First Amendment rights,” Taylor wrote. Similar complaints were made during the 2020 racial justice protests in Portland, which centered around the Mark O. Hatfield U.S. Courthouse. A government audit by the DHS inspector general found that many of those federal officers deployed to Portland in 2020 were not sufficiently trained or prepared for the operation. Many of the same border and security forces have returned to Portland — this time to protect the ICE building. “We can tell by the activities that are happening today that really not a lot has changed,” said Reynolds. In November, DHS fast-tracked new policy giving federal officers greater authority to arrest protesters both on and off federal property. “It's a clear signal to the workforce at the Department of Homeland Security that they have wide latitude to engage in counter protest work,” Reynolds explained.