REACH Community Development and nearby residents have sued DHS to block the use of tear gas and related munitions that plaintiffs say have drifted into the Gray’s Landing low-income housing complex across from an ICE facility in Oregon. The complaint alleges repeated deployment of CS gas, pepper balls and similar projectiles when protesters posed no imminent threat, causing respiratory injuries, eye irritation and PTSD symptoms. Plaintiffs seek a court order preventing chemical crowd-control agents near residential areas except to avert an imminent threat to life. DHS and ICE say the site has been under siege and defend their tactics.
Oregon Residents Sue DHS Over Tear Gas Exposure Near Low‑Income Housing Across From ICE Facility
Oregon residents sue Homeland Security after tear gas used on anti-ICE protesters
An affordable-housing nonprofit and several nearby residents have filed a federal lawsuit seeking to block the Department of Homeland Security (DHS) from deploying tear gas and other chemical or smoke munitions that plaintiffs say have repeatedly drifted into homes near an Immigration and Customs Enforcement (ICE) facility in Oregon.
The complaint, brought by REACH Community Development with support from Democracy Forward and Protect Democracy, alleges that the Gray’s Landing housing complex — located diagonally across from the ICE facility on the Willamette River near Interstate 5 — has been exposed to crowd-control agents during months of clashes between DHS personnel and anti-immigration-enforcement demonstrators.
Federal agents clash with protesters outside a downtown U.S. Immigration and Customs Enforcement facility in Portland, Oregon, Oct. 4, 2025.
Allegations and Relief Sought
Plaintiffs characterize DHS’s actions as "shocking" and ask the court to prohibit immigration enforcement officers from using chlorobenzalmalononitrile (CS gas, commonly called "tear gas") and related crowd-control munitions "unless the use of such munitions is necessary to protect against an imminent and concrete threat to the lives of federal officers or other persons." The filing also alleges officers fired pepper balls and other chemical projectiles "toward and around" the low-income complex "repeatedly when faced with no violence from protesters or imminent risk of harm."
Reported Harms
Residents say exposure has caused acute respiratory distress, burning eyes and episodes of post-traumatic stress disorder. REACH CEO Margaret Salazar said the complex houses families, seniors, veterans and people with disabilities who have been "repeatedly exposed to chemical agents." She added: "Children are coughing indoors, seniors are struggling to breathe, and daily life has become a source of stress and fear."
An anti-ICE demonstrator wearing a keffiyeh is led away by authorities in handcuffs.
"Federal officers know that poison is flooding apartments where families live, where children sleep, and where seniors and veterans seek safety—and they keep using them anyway," said Skye Perryman of Democracy Forward. "There is no legal or moral justification for this use of force — it is a profound abuse of power and violates the U.S. Constitution. We are in court to stop it."
Attorney Daniel Jacobson said the government is "poisoning" residents, according to the plaintiffs’ statement.
Broader Political Context
The lawsuit comes amid a broader dispute over federal enforcement tactics in Oregon. The article reports that more than 660 people were arrested by federal authorities in Oregon in 2025. State leaders have publicly criticized the federal response: Governor Tina Kotek said she objected to what she described as the federal administration "picking on particular cities," and Senator Jeff Merkley called recent raids "terrorizing our communities" and alleged race-based detentions. Representative Suzanne Bonamici led a letter to DHS Secretary Kristi Noem seeking details about the types of irritants and munitions used; the letter was signed by Merkley, Senator Ron Wyden and Representative Maxine Dexter.
DHS Response
DHS and ICE have defended their tactics, saying the Portland-area facility has been "under siege" and citing attacks on officers, destruction of federal property, and posted death threats. Secretary Noem also said she would pursue prosecutions of individuals who doxx ICE agents. The agency’s statements point to incidents elsewhere in which Border Patrol and ICE officers were attacked and to concerns about threats to federal personnel and property.
The plaintiffs seek court orders to limit or halt the use of chemical agents near residential areas and to protect the bodily integrity and constitutional rights of Gray’s Landing residents. The case is ongoing and Fox News Digital reported that DHS did not provide a direct comment on the lawsuit filing.
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