Portland Protesters Turn up the Heat for President's Day

On Monday, February 16, about two dozen protesters gathered for a Presidents’ Day demonstration outside of the ICE Facility on Macadam Avenue. The crowd was significantly larger than on typical Monday nights at the facility, which have lately been drawing only a handful of people. The size of the crowd was partially due to Daryn Herzberg promoting a special Presidents’ Day edition of his Revolution Radio program, where he plays music and makes announcements outside the facility. 

Monday was also the day before the temporary restraining order (TRO) limiting the use of chemical and projectile munitions outside of the ICE facility was set to expire. The order was issued by US District Court Judge Michael Simon on February 3, following federal agents releasing tear gas on a crowd of thousands of protesters including children and months of controversial crowd control tactics around the facility. Some protesters at the facility said they were there in anticipation of the TRO’s expiration.

The demonstration began with a clear focus on Presidents’ Day, with discussions of President Trump's relationships with Jeffrey Epstein, complete with a blown up picture of Trump and Epstein together set up in front of the Revolution Radio speakers. Several protesters also burned an American flag across the street from the ICE facility.

As the evening continued, a small number of protesters crossed the blue line marking the beginning of the driveway of the facility, which is federal property. Agents are able to arrest any unauthorized individual on the driveway for trespassing. However, agents did not attempt to detain any of the protesters on the driveway until about 8pm, when they pursued a protester up to Macadam Avenue before abandoning the chase. Afterward, they continued to engage with the demonstrators and make efforts to clear the driveway.

While engaging with protesters, several agents were holding and brandishing batons. Batons are a rarity for agents at the facility, and several regulars reacted with surprise to their presence. Notably, batons do not meet the definition of projectile or chemical crowd control munitions prohibited in the TRO.

At around 8:30pm, four individuals approached the gate at the back of the driveway and had a verbal exchange with officers on the other side. While the protesters were engaged with the officers by the gate, a separate group of officers came out a door on the side of the driveway and quickly took the individuals into custody. About half an hour later, federal agents detained a fifth protester standing on the driveway after a brief chase. They tried and failed to apprehend yet another individual who escaped in the direction of the Willamette River.

One of the individuals detained on Tuesday night was Agata Sobieska, a freelance journalist operating a local news site called United Vision News. Sobieska said she was documenting protesters engaging with agents when she was handcuffed and taken into custody.

Once inside she and other detainees were searched in the garage and then placed in holding cells which Sobieska described as a slightly larger version of a typical police station holding cell. The four protesters were placed in one cell together while Sobieska was separated, although she was not given a clear reason. After about four hours in custody, the agents began to release the detained demonstrators and Sobieska, one by one.

Federal agents detaining and arresting demonstrators outside the ICE facility has been a regular occurrence since protests picked up over the summer. Even as activity has quieted down over the last couple of months, clashes between protesters and officers like the one on Monday evening are not unusual. It is less usual to see the lack of crowd control munitions used by agents at the facility. Before the TRO, agents would liberally fire pepperballs at protesters crossing onto the driveway or even standing around the area. Protesters and journalists have also reported the regular use of other munitions like tear gas and rubber bullets without a clear reason. There were no incidents of any chemical or projectile munitions on Monday night, and there have been no reports of any such use since the TRO was issued.

Judge Michael Simon extended the TRO for another 14 days on February 17. A hearing to make a final decision on the underlying lawsuit brought by protesters and journalists is set to begin on March 2, a day before the extension expires.