Rain dampens ICE protests as Portlanders eye Supreme Court ruling’s potential impact

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The number of protesters outside the U.S. Immigration and Customs Enforcement building in South Portland dwindled Monday and appeared equally low Tuesday as heavy rain fell through the evening and some Portlanders’ attentions turned to how the U.S. Supreme Court’s decision on the National Guard deployment in Chicago could affect Oregon. One person — James H. Ireland, 35, of Beaverton — was arrested outside the ICE building and faces charges of harassment, unlawful possession of a firearm and possession of a loaded firearm in a public space, police said.

Here’s what we know.

U.S. Supreme Court decision could impact troop deployment to Oregon

Last week, Supreme Court justices asked attorneys in the Illinois case to file briefs explaining how they should interpret “regular forces” in federal statute’s Title 10, Sec. 12406, which President Donald Trump invoked to call state National Guard members into federal service.

Lawyers have debated whether that phrase refers to civilian law enforcement, including Federal Protective Service or U.S. Customs and Border Protection officers, or active-duty military.

The justices’ decision could shape the outcome of Oregon’s troop case, legal observers say.

Closer to home, Judge Immergut’s decision on deployment expected Friday

The small protest scene Tuesday could be because U.S. District Judge Karin J. Immergut called on Sunday for a temporary injunction barring deployment of National Guard troops to Portland.

She plans to issue a final decision by Friday, but some say that her recent ruling signals she may be leaning toward granting a permanent injunction.

In a 16-page order, Immergut ruled there was no threat of a rebellion or inability of “regular officers” to enforce federal law due to the nightly protests at the U.S. Immigration and Customs Enforcement facility in South Portland.



Local immigration actions increase

U.S. Immigration and Customs Enforcement officers detained Berenice Garcia-Hernandez for about seven hours last Monday after she took pictures of their unmarked cars near a Gresham Chick-fil-A.

The 25-year-old Oregon woman, who is a U.S. citizen, read a Facebook post warning about the agents near the popular restaurant and snapped into action. The person who made the post had said he was too nervous to capture images of the license plates.

“It’s very inhumane what they’re doing right now,” Garcia-Hernandez said of ICE activity in general. “It’s not a crime to take pictures or videos of them.”

What we’re watching for today

Oregon didn’t have any hotly contested races on the national radar in Tuesday’s election, but several other states did, and those outcomes likely provide insight into how voters are feeling about President Donald Trump’s leadership.

Californians strongly backed the proposal to allow partisan gerrymandering of congressional maps to boost Democrats. And Democratic gubernatorial candidates won in New Jersey and Virginia.

And, closer to home, Portlanders appear to have approved a major tax increase to support city parks and recreation services.

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