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

Tenants file lawsuit after repeated exposure to chemical munitions during protests at nearby immigration facility

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, disabled, and families with young children, say they have been repeatedly exposed to the chemicals, which have sickened them and forced them to take measures like wearing gas masks in their own homes.

Why it matters

The case highlights the impact of aggressive federal law enforcement tactics on vulnerable populations caught in the crossfire of protests against the Trump administration's immigration policies. It also raises questions about the balance between public safety and the constitutional rights of residents to live peacefully in their homes.

The details

The lawsuit was filed by the property manager and several tenants of the Gray's Landing apartment complex, which is located across the street from the ICE building that has been the site of ongoing demonstrations. The residents argue that the use of tear gas and other chemical agents has violated their rights to life, liberty, and property by making them sick, contaminating their homes, and confining them indoors. They are asking the court to limit federal agents' use of such munitions unless there is an imminent threat. The federal government has defended the tactics as necessary to respond to violent protests, but the plaintiffs say the crowds have been peaceful.

  • The lawsuit was filed in December 2025.
  • The hearing took place on February 13, 2026.

The players

Gray's Landing Apartment Complex

An affordable housing complex in Portland, Oregon, located across the street from the U.S. Immigration and Customs Enforcement (ICE) building that has been the site of ongoing protests.

Daniel Jacobson

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

Samuel Holt

An attorney for the federal government, which includes ICE and the Department of Homeland Security.

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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 for the federal government

What’s next

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

The takeaway

This case highlights the tension between the government's use of aggressive crowd control tactics and the rights of vulnerable residents to live peacefully in their homes, underscoring the need to balance public safety and civil liberties during times of heightened political unrest.