This story has been corrected to indicate the city's Impact Reduction team posted signs warning of a campsite removal outside the ICE facility.

Updated: 12:40 pm June 13

ICE arrested two more asylum seekers at Portland’s immigration courthouse on Tuesday, amid protests that have continued to escalate in front of the ICE facility on Macadam Avenue. On Tuesday night, federal agents appeared to use tear gas and flashbangs on protesters. The following night, Portland police officers arrested three people after a lit flare was placed against the building.

Demonstrations at the facility, which the Portland Police Bureau (PPB) has responded to multiple nights this week, have reignited questions about the role of local police in immigration enforcement, and what constitutes a peaceful protest.

Oregon is a sanctuary state, with Portland having its own sanctuary city declaration as well, meaning the city and its employees cannot assist with federal immigration enforcement except to the extent required by law. 

Earlier this year, Portland’s sanctuary status came into question when PPB officers were  frequently spotted patrolling near the ICE facility in South Portland. Incidents at the facility this week have further fueled debate. PPB is adamant that the Bureau does not aid in immigration enforcement, but that doesn't mean it won't aid ICE when it comes to quelling protests.

PPB officers removed debris from the driveway of the ICE facility after receiving a call from a Department of Homeland Security (DHS) contractor Saturday night reporting they could not drive their van into the lot. 

A video of the incident circulated on social media, with multiple commenters calling PPB’s actions questionable, highlighting Portland’s sanctuary laws. 

At a press conference the following day, Portland Police Chief Bob Day remarked on the incident, agreeing with the decision to remove the debris as a means to de-escalate the situation. However, Day also stated that going forward, PPB won’t respond to the ICE facility to clear obstructions anymore, claiming the incident was a breakdown of communication between PPB and federal protective services—Day claims the breakdown has been rectified. 

“Going forward, as I said, we will not be clearing stuff from the driveway of the facility and also we will not be engaging with any kind of perceived or actual support of vans or transports or anything of that nature,” Day said. “We're making that clear to our members, as well as to our federal partners, and they are in agreement with that.” 

Protests at the facility have continued to grow, flaring into clashes on Tuesday night between protesters and DHS agents. PPB was not present for the majority of the time, according to OPB, but arrived after midnight with three police cruisers. The crowd dispersed shortly after.

Some protesters set up tents outside the facility. Despite previously stating they would not clear the driveway, the city's Impact Reduction team posted signs around the area declaring the camp illegal—the same notices used for houseless encampment sweeps—and warning it could be cleared after 72 hours from June 10.

On the night of June 11, dozens of Portland police officers were monitoring the protest before making three arrests related to the incident where a flare was placed on flammable materials against the building.

Two arrests were made for reckless burning, including a criminal trespass in the second degree, and a third for assaulting a public safety officer, which occurred during the initial arrest. The fire was extinguished by someone in the facility.

For many community members, PPB’s continued involvement and presence at the ICE facility is perceived as a violation of Oregon’s sanctuary laws.

While PPB says it won’t help clear obstructions at the ICE facility moving forward, the Bureau has routinely dispatched officers to respond to protests there, resulting in multiple arrests. On Thursday, PPB arrested 10 people for what it said were various criminal acts, including arson near the federal building. A spokesperson for the Bureau said the agency is "still responsible for maintaining public safety and enforcing state laws," including at the federal site.

The Bureau declined to comment when asked if PPB would respond to people obstructing government vehicles or other federal immigration enforcement activity–a tactic that has been used in multiple cities across the country. 

In a press conference on Monday, Governor Tina Kotek made clear she is in staunch opposition to Donald Trump’s deployment of the National Guard in California. Along with other state officials, she has stated her goal is to protect the rights and safety of Oregonians, including immigrants. 

“I support your right to peacefully demonstrate,” Kotek said in the press conference. “Please know that I will do everything in my power to protect the rights and safety of our residents, including the rights and safety of our immigrant communities. But I also want to be clear, violence, harm to public safety workers, or destruction of property will not be tolerated.”

Neither Kotek nor Portland Mayor Keith Wilson responded to emailed questions about whether Portlanders would or should face arrest from PPB for such protest methods as obstructing ICE activity. 

Portland City Councilor Steve Novick, who co-chairs the Council’s Community and Public Safety Committee, says he’s remained in contact with Chief Day and other public safety officials at the city as the situation evolves.

Novick says his office will be working with PPB "to ensure they continue upholding Portland’s Sanctuary City policies and do not assist federal agencies in enforcing the Federal Administration’s draconian and illegal immigration agenda."

"President Trump wants nothing more than to make an example of progressive west coast cities like Portland,” Novick says. “While we can’t control their actions, our community can control how we respond. Our hope is that Portlanders continue to stand firmly against ICE’s actions in a way that aligns with the values of our city."

During budget discussions Wednesday evening, the City Council unanimously voted to direct the city’s attorneys to analyze the presence of ICE operations centers in Portland and throughout the state, as well as city and state sanctuary laws, in collaboration with Oregon’s attorney general and other city officials.

The intent, councilor Eric Zimmerman said, is to ensure city officials “have firm foundational and legally sound understanding when and if resisting federal overreach and/or refusing to provide assistance to the federal government” amid ongoing threats of legal action from the Trump administration against city and state officials for upholding Oregon’s sanctuary laws. 

Advocates across the nation have taken the protection of immigrant communities into their own hands, some utilizing tactics including crowding around ICE and DHS vehicles to stop them transporting migrants. While this is considered illegal obstruction under federal law, the question of if local police can be deployed in sanctuary states to stop this activity still remains unanswered. 

With ICE unexpectedly detaining people across Oregon and a “No Kings” rally planned this Saturday in Portland as part of a national day of protest, tensions will likely continue to rise.