Multiple residents of an affordable housing complex in Portland, Oregon, have bought gas masks to wear in their own homes, to protect themselves from tear gas fired by federal agents outside the immigration building across the street. Others have taped their windows or stuffed wet towels under their doors, while children have sought security by sleeping in closets.
Some are now set to tell their stories to a federal judge on Friday, as they testify in a lawsuit seeking to limit federal officers' use of tear gas during protests at the U.S. Immigration and Customs Enforcement building following months of repeated exposure.
The property manager of the apartment building and several tenants filed the suit against the federal government in December, arguing that the use of chemical munitions has violated residents' rights to life, liberty and property by sickening them, contaminating their apartments and confining them inside. They have asked the court to limit federal agents' use of such munitions unless needed to respond to an imminent threat.
The defendants, which include ICE and the Department of Homeland Security and their respective heads, say officers have deployed crowd-control devices in response to violent protests at the building, which has been the site of demonstrations for months.
The case comes amid growing concern over federal officers using aggressive crowd-control tactics, as cities across the country have seen demonstrations against the immigration enforcement surge spearheaded by President Donald Trump's administration.
Court filings describe tenants of the Gray's Landing apartment complex experiencing difficulty breathing, coughing, headaches and other symptoms following exposure to chemicals from tear gas, smoke grenades and pepper balls. Residents have worn gas masks inside their homes, including while sleeping, and canisters have hit apartments and been found in the building's courtyard and parking garage, according to the complaint.
One of the plaintiffs, Susan Dooley, a 72-year-old Air Force veteran with diabetes and high blood pressure, was sent by a doctor to the emergency room, where she was diagnosed with shortness of breath and mild heart failure, the complaint said. Whitfield Taylor, who has placed wet towels around his window air conditioning unit in a bid to block the gas from entering his home, had to take his two daughters, 7 and 9, to urgent care for respiratory symptoms. The girls sometimes sleep in his closet to feel safe, according to the complaint.
Of the affordable housing complex’s 237 residents, nearly a third are age 63 or older, according to court filings. Twenty percent of units are reserved for low-income veterans and 16% of tenants identify as disabled.
The plaintiffs filed an updated request for a preliminary injunction limiting federal officers' use of tear gas late last month, after agents launched gas at a crowd of demonstrators including young children that local officials described as peaceful.
“As this brief is being filed, tear gas is once again inside the homes of Plaintiffs and other residents of Gray’s Landing,” the filing says. “Once again, despite facing no violence or imminent threats at all, Defendants have indiscriminately released tear gas onto the streets immediately next to the Gray’s Landing apartment complex, infiltrating Plaintiffs’ homes where they are just trying to live and breathe in peace. This needs to end.”
The government says federal officers have at times used crowd control devices in response to crowds that are “violent, obstructive or trespassing" or do not comply with dispersal orders.
It has also pushed back against the claims of tenants' constitutional rights being violated, saying that under such an argument, “federal and state law enforcement officers would violate the Constitution whenever they deploy airborne crowd-control devices that inadvertently drift into someone's home or business, even if the use of such devices is otherwise entirely lawful.”
The hearing comes after a federal judge in a separate Oregon lawsuit temporarily restricted agents' use of tear gas during protests at the building. The temporary restraining order in that case, filed by the ACLU of Oregon on behalf of protesters and freelance journalists, is set to expire next week.
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