Affordable Housing Residents Near Portland ICE Building Seek Limits on Federal Tear Gas Use

Tenants file lawsuit against federal government over repeated exposure to chemical munitions

Published on Feb. 14, 2026

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Residents of an affordable housing complex in Portland, Oregon, have filed a lawsuit against the federal government, seeking to limit the use of tear gas and other chemical munitions by federal agents outside the nearby U.S. Immigration and Customs Enforcement (ICE) building. The tenants, including the elderly, veterans, and those with disabilities, say the repeated exposure to tear gas has sickened them, contaminated their homes, and confined them indoors.

Why it matters

This case highlights the growing concerns over the use of aggressive crowd-control tactics by federal law enforcement agencies during protests, and the impact these tactics can have on nearby residents who are not involved in the demonstrations. The lawsuit raises questions about the balance between public safety and the rights of citizens to live peacefully in their own homes.

The details

The residents of the Gray's Landing affordable housing complex, located across the street from the ICE building, have described experiencing difficulty breathing, coughing, dizziness, and other symptoms following exposure to tear gas, smoke grenades, and pepper balls fired by federal agents during protests. Some tenants have resorted to wearing gas masks in their own homes and sealing their windows to try to keep the chemicals out. The lawsuit argues that the use of these chemical munitions has violated the residents' rights to life, liberty, and property.

  • The lawsuit was filed in December 2025.
  • The hearing in the case took place on February 14, 2026.

The players

Gray's Landing Apartment Complex

An affordable housing complex located across the street from the U.S. Immigration and Customs Enforcement (ICE) building in Portland, Oregon.

U.S. Immigration and Customs Enforcement (ICE)

The federal agency responsible for immigration enforcement, which has been the site of ongoing protests in Portland.

Department of Homeland Security

The federal agency that oversees ICE and has deployed federal agents to respond to the protests in Portland.

Daniel Jacobson

An attorney representing the plaintiffs in the lawsuit against the federal government.

Samuel Holt

An attorney representing the federal government in the lawsuit.

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What they’re saying

“They're simply trying to live their lives in peace in their homes, yet our federal government is knowingly putting them through hell, and for no good reason at all.”

— Daniel Jacobson, Attorney representing the plaintiffs

“The conduct at issue, law enforcement's use of crowd control tactics to disperse unlawful crowds, does not even come close to shocking the conscience.”

— Samuel Holt, Attorney representing the federal government

What’s next

The judge in the case will decide whether to grant the plaintiffs' request for a preliminary injunction to limit the federal government's use of tear gas and other chemical munitions near the Gray's Landing apartment complex.

The takeaway

This lawsuit highlights the tension between the government's use of aggressive crowd-control tactics and the rights of nearby residents who are not involved in the protests. The outcome of this case could set an important precedent for how federal law enforcement agencies balance public safety with the civil liberties of citizens.