Neighbors of Portland ICE facility allege harmful effects of tear gas in lawsuit

katu.com · By Barry Mangold, KATU · 2025-12-06T02:56:24.000Z

PORTLAND, Ore. (KATU) — The owners of an apartment building next to the ICE building in South Portland, along with a group of its residents, filed a lawsuit on Friday, accusing federal agents of causing "unprecedented" exposure to toxins through tear gas and other devices. The nonprofit REACH Community Development owns Gray's Landing, a housing complex for low-income seniors, veterans, families, and people with disabilities. Residents on the south and west sides of the building have had a front-row view of protests and immigration enforcement that started intensifying in June. PREVIOUS COVERAGE: Landlord may sue feds over use of tear gas, other crowd-control munitionsIn addition to the landowners, seven residents of Gray's Landing are also plaintiffs in the new lawsuit, which was filed in Portland's federal court. "With each exposure, Plaintiffs experience physical reactions including difficulty breathing, unstoppable coughing, severe burning in their throats and eyes, dizziness, headaches, and more. Those symptoms do not usually end when the smoke clears," the lawsuit states. Spokespeople for the Department of Homeland Security and Immigration and Customs Enforcement did not immediately respond to KATU's request for comment on Monday. Last month, DHS Assistant Secretary of Public Affairs Tricia McLaughlin provided a statement responding to the prospect of a lawsuit of this nature: “The First Amendment protects speech and peaceful assembly – not rioting," McLaughlin told KATU on Nov. 21. "DHS is taking reasonable and constitutional measures to uphold the rule of law and protect our officers. ... Rioters and terrorists have opened fire on officers, thrown rocks, bottles, and fireworks at them, slashed the tires of their vehicles, and have destroyed multiple law enforcement vehicles."Individuals living at Gray's Landing who are veterans or domestic abuse survivors have experienced PTSD due to the federal agents' use of tear gas and pepper balls, according to the lawsuit.The lawsuit also claims the repeated use of "weapons of war" outside the apartment building has accustomed kids to "sleep in closets to reduce exposure to gas penetrating the gaps in their windows."One resident, a 72-year-old Air Force Veteran with asthma, told KATU last month that she was diagnosed with mild heart failure after multiple instances of tear gas seeping into her apartment. Federal agents are also accused in the lawsuit of targeting a resident who was broadcasting the protests.Mindy King livestreamed from her Gray's Landing unit across several nights this summer. On Oct. 4, federal agents "fired a tear gas canister from long distance that landed just below King's apartment," the lawsuit states. The lawsuit also claims agents pointed flashlights toward her apartment to "prevent King's recording."Residents and owners of Gray's Landing are asking a federal judge to deem the agents' use of tear gas and other munitions as unconstitutional. They are also asking the court to instruct the federal agencies to stop use of the devices "unless the use of such munitions is necessary to protect against an imminent and concrete threat to the lives of federal officers or other persons."Read the full complaint below.