DHS testifies Portland police refuse to help quell riots outside ICE facility in Oregon v Trump admin

On day two of the federal trial Oregon v. Trump, et al., officials from the Department of Homeland Security's Federal Protective Service (FPS) testified in support of deploying the National Guard to the ICE facility in Portland.

The witnesses, testifying on behalf of the Department of Justice (DOJ), painted a picture of persistent attacks on federal property and personnel since June, while criticizing the Portland Police Bureau (PPB) for repeatedly failing to police the area during critical moments.

The case challenges the legality of deploying National Guard troops to quell protests outside the US Immigration and Customs Enforcement (ICE) building on Macadam Avenue, which has been under siege by protesters, many of whom are involved with Antifa networks, since June 7. Oregon officials, representing both the state and city, argue that a surge of federal troops amounts to governmental overreach and would likely inflame tensions. However, the DOJ contends the move is necessary to protect federal assets amid a “sustained” attack on the facility, exacerbated by minimal to no support from local law enforcement.

The defense's first witness, DHS FPS Deputy Regional Director for Region 10 — identified in Court only as "R.C."— took the stand early Thursday morning. As a recurring incident commander at the ICE site since June, R.C. described a chaotic environment that he believes requires at least 180 officers for adequate protection. At least 200 Oregon National Guardsmen have been federalized under President Trump's order, which R.C. welcomes as support.

R.C. detailed persistent challenges at the ICE site, including protesters assaulting federal agents, impeding vehicles, and trespassing on federal property, as well as unpredictable crowd sizes and other unlawful activity committed at the facility, such as attempted facility breaches with makeshift battering rams.

The incident commander said National Guard troops would alleviate the strain on resources across all federal agencies currently deployed to the facility, such as FPS, ICE Special Response Team (SRT), Customs and Border Protection (CBP), Border Patrol, Bureau of Prisons, and others. He explained that the deployed officers called in to assist would be able to leave the site and go back to performing their normal job functions, which involve apprehending "some of the worst" individuals unlawfully in the country.

R.C. recounted protesters hurling vile, racist, and other harmful rhetoric at agents around the clock, with rotations shortened from 30 to 20 days to address officer burnout and mental health concerns.

He reserved harsh criticism for the Portland Police Bureau, claiming federal officials had called for assistance dozens of times only to be ignored. Prior to the June unrest, R.C. said a meeting with PPB Chief Bob Day had established clear expectations for collaboration. However, when asked if expectations were met once protests erupted, R.C. responded with a resounding, "No." He described a repeated pattern of abandonment from PPB, leaving federal agents to handle everything from crowd control to in-progress crimes in PPB's jurisdiction.

The witness also highlighted the sophisticated organization of the demonstrations, explaining that protesters use radios for coordination, distribute flyers to mobilize crowds, don riot gear, and even stalk federal agents back to their hotels – creating an atmosphere of constant intimidation.

Testimony from the second FPS witness, identified as Commander “W.T.,” who served as incident commander bi-weekly from July through late September, reinforced R.C.’s account.

“Unlawful protests occurred every night,” W.T. testified, recounting the time he served as incident commander, which came after PPB removed its presence in late June on claims that minimal criminal activity had been occurring. 

W.T. cited nightly episodes of agitators impeding vehicles, trespassing on federal grounds, hurling racial slurs, vandalizing property, and even urging officers to “kill themselves.” He described manpower at the facility as “not…adequate to my liking,” making it “difficult to keep a safe perimeter.”

The FPS commander read from several incident reports documenting ignored requests sent to PPB, including in-progress assaults on counter-protesters and journalists in PPB’s jurisdiction outside the ICE facility. According to the report, FPS made contact with PPB several times to follow up on their response status, but PPB failed and/or refused to mobilize.

“PPB doesn’t plan to assist federal authorities with protest action at the ICE facility,” W.T. told the court, citing direct knowledge.

He explained that protesters often arrive armed with shields, ballistic vests, and weapons, including firearms. Agitators have also repeatedly used high-powered flashlights and lasers to blind agents. The commander recounted the September 1 “guillotine incident,” where demonstrators placed a mock guillotine in the roadway and formed a human chain with shields to blockade the driveway, trapping federal personnel — an event he described as an extreme threat.

During cross-examination by a City of Portland attorney, who suggested carrying bats, shields, or even a guillotine wasn’t inherently illegal, W.T. countered that the guillotine constituted disorderly conduct and such gear points to protesters not planning on being peaceful.

He stated that National Guard deployment “would be helpful” amid chronic staffing shortages and resource strains, especially given the daily “unlawful” 24-hour protests.

The DOJ also plans to call witnesses from ICE and the Department of War before the trial is expected to conclude on Friday.