Residents Sue ICE Over Tear Gas Exposure at Portland Apartment Complex

Lawsuit alleges federal agents have repeatedly used tear gas near homes, creating a toxic environment.

Published on Feb. 11, 2026

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Residents of an affordable housing complex in Portland, Oregon are suing the U.S. government, alleging that Immigration and Customs Enforcement (ICE) agents have repeatedly used tear gas near their homes, exposing them to harmful chemicals that have seeped into their living spaces. The lawsuit claims the tear gas has created a toxic environment, causing health issues for residents, including a 13-year-old boy who now wears a gas mask inside his own home.

Why it matters

This case highlights the broader public health and environmental impacts of law enforcement's use of tear gas, which is banned for use in warfare but still employed for domestic crowd control. The lawsuit argues that tear gas exposure poses serious risks, especially for vulnerable populations like children, the elderly, and those with underlying health conditions, even when the gas is used outside the home.

The details

The lawsuit was filed by residents of Gray's Landing, an affordable housing complex in Portland, against the Department of Homeland Security and ICE. Residents say tear gas from the nearby ICE facility has seeped into their homes, binding to walls, furniture, and children's toys. Residents have reported health issues like breathing difficulties, bloody noses, and skin irritation. The lawsuit alleges federal agents have at times deployed tear gas not just for crowd control, but to create dramatic visuals for conservative media influencers invited to the facility.

  • For months, ICE agents have sporadically used tear gas against protesters outside the facility near Gray's Landing.
  • In October, a small group of protesters at the ICE facility was hit by tear gas and smoke grenades, while military helicopters hovered overhead as media influencers made videos.

The players

Mindy King

A single mother of two whose apartment in the Gray's Landing complex has a direct view of the ICE facility.

Diane Moreno

A resident of Gray's Landing who has gone to urgent care twice with tightness in her chest and bloody discharge from her nose after being exposed to tear gas.

Department of Homeland Security

The federal agency that oversees ICE and is named in the lawsuit.

Kristi Noem

The Secretary of the Department of Homeland Security, also named in the lawsuit.

Tricia McLaughlin

The assistant secretary of the Department of Homeland Security, who stated that federal agents were 'authorized to do what is appropriate and necessary in each situation to diffuse violence against our officers.'

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What they’re saying

“I can't believe I'm living in a world where I have to worry about tear gas in my home. There's no sense of security. This isn't home anymore.”

— Mindy King, Resident of Gray's Landing (New York Times)

“The protesters have the choice. They have the choice to go out there and take that risk of being tear gassed or being pepper balled. We don't have the choice. We live here.”

— Diane Moreno, Resident of Gray's Landing (New York Times)

“Tear gas is an indiscriminate weapon and a respiratory hazard, period. If it wafts into an enclosed space, like a car or a housing development where children are, where pregnant women are, where elderly people are, that's a setup for disaster.”

— Dr. Anthony M. Szema, Clinical Professor of Medicine, Hofstra/Northwell (New York Times)

What’s next

A hearing in the case, which seeks an injunction against further use of the chemicals, is scheduled on Friday.

The takeaway

This lawsuit highlights the broader public health and environmental consequences of law enforcement's use of tear gas, which can linger in homes and pose serious risks to vulnerable populations even when deployed outside. It underscores the need for greater oversight and restrictions on the use of these chemical irritants, especially in residential areas.