Protests continued in much the same, generally low-key vein Saturday night outside the U.S. Immigration and Customs Enforcement facility in South Portland as the city awaited a federal judge’s decision on troop deployment to the facility.
U.S. District Judge Judge Karin J. Immergut ‘s temporary order banning the deployment of any National Guard troops to the city expires today at 11:59 p.m. She has promised to deliver a decision before that happens after a three-day trial last week in which lawyers for Oregon, California and the City of Portland asked her to issue a permanent injunction barring the deployment.
At the trial, the Oregon Department of Justice Lawyers submitted video evidence that they said showed federal officers using excessive force against non-violent protesters.
Here’s what we know.
State says videos show ‘excessive’ force
Seeking to block the federal deployment of National Guard troops to Portland, The Oregon Department of Justice submitted as evidence in this week’s federal trial multiple videos of federal officers using force against what appear to be nonviolent protesters assembled outside the ICE building on various nights since June.
The videos were submitted as Portland police supervisors testified that they observed federal officers using excessive force that was unwarranted.
“The types and amounts of force being used by federal law enforcement is disproportionate,” testified Portland police Cmdr. Franz Schoening, who oversees the bureau’s crowd control incident commanders, on the first day of the trial Wednesday.
Decision on troops due today
Federal lawyers argued at last week’s trial that the court must give a “great deal of deference” to the president and his Sept. 27 decision to federalize and send 200 Oregon National Guard members to Portland for 60 days, and his later deployment of 200 California National Guard members to Oregon.
They claim there’s a danger of a rebellion against U.S. government authority and “regular officers” have been unable to execute federal law.
Lawyers presented more than 1,000 exhibits and videos to the court, including police incident reports and federal activity logs from daily protests outside the ICE facility since June.
It’s not clear if Immergut intends to issue a ruling on the merits of the case or a brief preliminary injunction before midnight Sunday. Lawyers for the states of Oregon and California suggested she grant a preliminary injunction before the Sunday night deadline to allow her more time to examine the immense evidence submitted to the court. Federal government lawyers objected, saying that would be “prejudicial” to their side.
Whichever way Immergut rules, the losing side is anticipated to appeal the decision to the 9th U.S. Circuit Court of Appeals.
Day of the Dead at ICE protests
Protesters got a break Saturday from the pelting rain that soaked the nightly proceedings outside the ICE building on Halloween and is expected to return starting Monday.
The crowd early Saturday evening was small — about 50 individuals — and generally calm. Many early arrivals joined a singalong with an amplified guitarist playing “Power To The People.”
Protesters set up a vibrant ofrenda, a Mexican Día de los Muertos (Day of the Dead) offering, on the sidewalk outside the building: A ring of roses and marigolds with votive candles, candy, beverage containers and a sign reading “Recuérdanos Remember Us.”
Portland Police, whom the feds have accused of failing to respond to violent protesters outside the building, had a strong presence Saturday night and quickly tamped down several skirmishes between streamers and protesters.
The bureau arrested two people Saturday night, it said in a news release. Officers booked Gabriel Lyons, 23, on suspicion of disorderly conduct and a probation violation, and issued a criminal citation for alleged disorderly conduct to 31-year-old Deeq Adan of Texas.
Officers circulated in the crowd and issued warnings to remove all people and materials from the gravel lot across the street from the federal building. Protesters often congregate there and stash inflatable costumes and other supplies. A PPB liaison officer who declined to be identified said the property owner had complained and that anyone who set foot on the gravel area could be arrested.
“People need to make an adult decision,” he said.
Thomas Allen, aka Tommyboi, a right-wing counter-protester and nightly streamer who has been ordered by a judge to stay at least 200 feet away from the facility, was set up down the block. He heckled passersby using his bullhorn and had a few heated arguments with those who challenged him.
“We try not to give them any oxygen” Tim Hallrud, a frequent protester in recent months, said of the right-wing livestreamers. “We don’t debate them. They say the most outrageous stuff just to get us angry. We’re not taking the bait. We’ll see what happens when it gets nighttime.”
Lyons’ arrest caused a brief stir on the otherwise subdued night after he led bike officers on a brief chase from just outside the ICE building to South Hood Avenue.
Just after 6 p.m. Lyons, an individual who eyewitnesses alleged had previously attacked someone with a rock, approached a group gathered around Allen.
One of those eyewitnesses, Koston Szafranski, reported Lyons’ presence to nearby police officers.
When the man subsequently took off at a sprint, Szafranski, followed by officers on bike, chased him.
“We ran about a quarter mile before the officers caught him,” he said. The actual distance was about a tenth of a mile. “Oh my god, I was passed out right there. The officers got off their bikes. He was like ‘What did I do wrong?’ And they got him to the floor, arrested him and now they’re talking to him.”
Numbers swelled by 8:30 p.m. to about 100 protesters, about half of them gathered in front of the gate to the federal building. But up to that point, there had been no clashes with federal officers.
What we’re watching for today
In short, Judge Immergut’s decision. If she allows the deployment of the National Guard, it could dramatically change the tenor of protests in Portland and embolden the Trump administration to federalize and mobilize troops in other U.S. cities.
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