Mayor Wilson to feds: Your actions are ‘deeply disturbing'

One day after meeting Homeland Security Secretary Kristi Noem, Portland Mayor Keith Wilson issued a response to federal officials about the ongoing protests outside the U.S. Immigration and Customs Enforcement facility in South Portland.

Noem, Wilson, and other officials discussed safety at the site, as well as several operational "expectations" from the federal government - with a response required by noon today. Federal requests included restricted access around the facility and designated "free speech zones" where people would be allowed to protest.

In his reply, Wilson reiterated Portland's commitment to free speech and emphasized that Portland police will continue to respond to calls for service at the ICE facility, as they have since protests began in June. Portland Police have added officers to respond to the ongoing tension among protesters, counter-protesters, and federal agents.

Wilson also urged Noem to make sure federal agents guarding the ICE facility stop using chemical munitions or force against peaceful protesters; adopt body-worn cameras; and identify themselves. Over the past week federal agents have escalated their response to protests, increasingly using tear gas and force against protesters - the majority of whom are peaceful.

"The actions of certain federal officers continue to be deeply disturbing to our community, and the lack of accountability and transparency for what appears to be unconstitutional behavior against individuals expressing their rights will only serve to deepen the divide between this facility and our community," Wilson wrote.

In response to a request from the Secretary's team that the City explore taking over the lease for the ICE facility, Mayor Wilson expressed openness to the conversation.

The U.S. General Services Administration has leased the building from a private owner since 2011. The site includes a processing center where federal officers detain and interview people to determine their legal status as U.S. residents. The City issued a conditional land use approval for the site in 2011, and, on September 18, issued a violation notice based on reports that people had been detained there overnight or for more than 12 hours, which is not allowed under the terms of the land use approval.

Under land use rules, a landowner or operator has 30 days after receiving a notice of violation to correct the issue. If there is substantial evidence of violation, a fine can be issued. Portland Permitting & Development can also initiate a "reconsideration" of a land use approval by scheduling a hearing at least 60 days after the notice. Once the hearings officer makes a decision, it can be appealed to the Portland City Council by any interested party.

Mayor Wilson's message

To: James Percival, General Counsel for the Department of Homeland Security

Dear Mr. James Percival,

Thank you for your email. We were grateful for the opportunity to meet you, Secretary Noem, and Senior Advisor Lewandowski. We recognize the extraordinary logistical and security effort required to bring Secretary Noem to Portland, Oregon, and we hope our discussion reflects the urgency and expense of such an effort, especially against the challenging backdrop of a federal government shutdown.

You have requested that federal officers be able to ingress and egress from the Immigration and Customs Enforcement facility without hindrance. The Mayor and our local public safety professionals will continue to evaluate the situation on the ground, and they will continue to make public order decisions based on what they believe will be in the best interest of Portland and our community.

In response to your request for "Free Speech Zones," the city of Portland commits to peacefully facilitating free speech throughout the City of Portland.

The Portland Police Bureau has added additional officers and will continue to respond to all calls for service, including those involving federal property or personnel, in accordance with Bureau policy. Calls are prioritized based on the nature and immediacy of the threat, with life-safety emergencies receiving the highest priority.

We recognize that the federal administration strongly objects to Portland and the State of Oregon's sanctuary laws. The Portland Police Bureau will cooperate with all law enforcement partners consistent with state law.

Over the coming days, we ask that the Department of Homeland Security take a thoughtful, long-term approach to the future of this controversial facility and the safety of the surrounding community. We continue to ask that the administration define what "Full Force" means to the City of Portland, and the role our city would provide as a "training ground" for federal operations. We continue to ask that your federal law enforcement officers raise their operational and legal standards in terms of use of force and munitions, officer identification, and body-worn cameras. The actions of certain officers continue to be deeply disturbing to our community, and the lack of accountability and transparency for what appears to be unconstitutional behavior against individuals expressing their rights will only serve to deepen the divide between this facility and our community.

Finally, as Senior Advisor Lewandowski broached, the City of Portland is open to negotiations to purchase this facility or take over the remaining lease. Given the operational challenges and expense this facility likely demands, we believe this may be a mutually beneficial solution in the best interests of all parties and stakeholders.

Keith Wilson

Mayor of Portland

Message from Scott Bradford, U.S. Attorney for the District of Oregon, to Chief Bob Day

Dear Chief Day,

Thank you for meeting with us today. As we discussed, it is imperative that federal officers in Portland be able to carry out their duties without interference, obstruction, or threats to their safety and property. Following the meeting, we agreed that DHS would send you in writing what our expectations are in order to facilitate a meeting between the Secretary and the Mayor.

First, all federal officers must be able to come and go from the ICE office without harassment or hindrance.

Second, in order to achieve the first point, Portland must create a perimeter around the ICE office. That perimeter must be at least as large as the perimeter state and local police set up today for the Secretary's visit.

Third, Portland must set up free speech zones so that protesters are channeled into appropriate areas. Any attempt to go beyond those areas by breaking the perimeter, entering traffic, or in any other way obstructing federal operations must be punished to the fullest extent of the law by Portland.

Fourth, any call for assistance based on threats to federal property or persons must be responded to and prioritized.

Finally, there has been some suggestion that sanctuary policies would prevent Portland from doing the above. We strongly object to Portland's sanctuary policies and the public safety threat they cause. But even putting that aside, nothing in state or local law prevents Portland from protecting the safety and security of federal officers and from ensuring that bad actors do not prevent the free and lawful movement of people into and out of property in Portland.

We look forward to further discussing these points.

Scott E. Bradford

U.S. Attorney | District of Oregon