Portland Council Votes 9-2 to Impose Fees on ICE Detention Site, Citing Public-Health and Safety Costs

Portland Moves to Hold Detention Site Operators Accountable

Portland’s City Council approved a contentious ordinance that would let the city levy fees tied to an Immigration and Customs Enforcement (ICE) facility that has been the focus of repeated protests. The measure passed 9-2 and creates two main elements: a future detention facility impact fee if ICE renews the lease on the property when it expires in 2033, and immediate nuisance fees for the use of chemicals and munitions that the city says have harmed community health and safety.

Councilor Angelita Morillo described the ordinance as an effort to make costs borne by taxpayers and nearby residents more equitable. “This ordinance is about fairness and responsibility,” she said, noting that residents, city bureaus and local services have shouldered environmental, public-health and safety costs related to detention-site operations.

“For years, our taxpayers, our city bureaus, and most painfully, our neighbors living near detention facilities have shouldered the very real environmental, public health, and safety costs of operations they cannot control.” — Councilor Angelita Morillo

The law is written to apply to any private property owner who leases space for a detention facility, although officials say it is primarily aimed at ICE. The agency did not immediately respond to requests for comment.

City councilors and community members pointed to months of clashes between protesters and law-enforcement or federal officers at the facility, with repeated complaints about the use of chemical agents such as tear gas and the presence of spent munitions casings. Community accounts say a nearby charter school relocated after students and staff were exposed to chemicals and after casings were discovered on a playground.

The site has been operating under its current lease since 2011. City officials have previously investigated whether the facility violated operating-permit terms by detaining people longer than the permitted 12-hour window before transfer to longer-term facilities, such as one in Tacoma, Washington.

Councilor Olivia Clark, who lives near the facility, told the council the protests and enforcement actions have required additional city policing and cleanup efforts, imposing costs on local government and residents. “I wish there was a way to force the federal government to pay for the impact, but this administration is backing away from paying for anything,” she said during the council session.

Under Portland law, the mayor’s signature is not required for the ordinance to take effect. A spokesperson for the mayor said the office looks forward to working with other levels of government on implementation details, including determining fee amounts and enforcement mechanisms.

Next Steps

The ordinance sets the framework for future fee calculations but leaves specific fee amounts to be determined by city staff and potentially additional public processes. Legal challenges or federal pushback could shape how, or whether, the fees are applied should ICE seek to renew its lease in 2033.