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DHS faces lawsuit over tear gas impacting homes in Oregon near protests at ICE facility

DHS faces lawsuit over tear gas impacting homes in Oregon near protests at ICE facility

Affordable Housing Group Files Lawsuit Against DHS

A nonprofit focused on affordable housing, along with a neighborhood organization, has initiated a lawsuit aimed at preventing the Department of Homeland Security (DHS) from using tear gas and chemical munitions that negatively affect nearby homes in Oregon. The court has been asked to take action against the agency’s current practices.

This legal action arises during a period of heightened tensions between DHS officials and groups opposing immigration enforcement, such as Antifa, outside an Immigration and Customs Enforcement (ICE) facility located near Interstate 5 where undocumented immigrants are processed.

The Glades Landing residences highlighted in this case, brought forth by REACH Community Development and bolstered by organizations like Democracy Forward and Protect Democracy, are in close proximity to the ICE facility along the Willamette River.

In their complaint, the plaintiffs referred to DHS’s measures as “shocking,” requesting the court to prohibit the use of CS gas (commonly known as tear gas) and similar crowd control methods unless there is an immediate threat to the safety of federal personnel or others.

The lawsuit details that officers have repeatedly utilized pepper balls and CS gas in the vicinity of low-income housing complexes even when there was no violence or imminent danger from demonstrators, leading to distress among residents.

Residents reported experiencing acute breathing issues, burning eyes, and mental health challenges linked to the stressful environment created by ICE’s tactics.

The lawsuit asserts that exposure to these toxic substances infringes on the plaintiffs’ right to bodily integrity, a right acknowledged by the Supreme Court as part of individual liberty.

REACH CEO Margaret Salazar expressed concern for the families, seniors, veterans, and individuals with disabilities living in Gray’s Landing, stating they are “continuously subjected to harmful chemicals.” She noted that everyday life has become fraught with stress and fear, as children struggle to breathe and elderly residents find it increasingly difficult to manage their health.

Progressive leaders have echoed these sentiments, asserting that the chemicals used by federal agents silence dissenting voices among protesters. Statements from activists have pointed out the moral implications of using such harmful substances in residential areas, emphasizing the lack of justifiable reason for these actions.

The situation has escalated, particularly after former President Trump attempted to involve the Oregon National Guard in addressing civil unrest, with ICE arrests in Oregon reaching significant increases over recent years.

Local officials and representatives have spoken out against federal practices, with some suggesting that targeting specific cities undermines fairness and legal principles. Community leaders have expressed concern that current tactics incite fear, particularly among marginalized groups.

A significant number of arrests have been made by federal authorities in Oregon, intensifying public scrutiny of ICE’s operations.

In response to allegations of misconduct, the DHS has defended its conduct, asserting that federal law enforcement has been under threat and that operational measures are necessary to protect personnel and facilities from ongoing attacks.

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