Affordable Housing Tenants Sue Over Tear Gas From ICE Protests

Residents of Portland complex say chemical munitions have sickened them and confined them to their homes.

Published on Feb. 22, 2026

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Multiple residents of an affordable housing complex in Portland, Oregon, have filed a lawsuit against the federal government, alleging that tear gas and other chemical munitions used by federal agents during protests at a nearby U.S. Immigration and Customs Enforcement (ICE) building have violated their rights by sickening them and confining them to their homes. The tenants, including the elderly, veterans, and those with disabilities, are seeking to limit federal officers' use of such crowd-control devices unless there is an imminent threat.

Why it matters

The case highlights growing concerns over federal officers using aggressive crowd-control tactics during protests, as cities across the country have seen demonstrations against the Trump administration's immigration enforcement surge. The affordable housing complex is home to a vulnerable population, including the elderly, veterans, and those with disabilities, who say they have been severely impacted by the tear gas exposure.

The details

Residents of the Gray's Landing apartment complex have described experiencing difficulty breathing, coughing, dizziness, and other symptoms following exposure to tear gas, smoke grenades, and pepper balls. Gas canisters have hit apartments and been found in the building's courtyard and parking garage. Tenants have resorted to wearing gas masks, taping windows, and having children sleep in closets to try to protect themselves.

  • The lawsuit was filed in December 2025.
  • The federal judge held a hearing on the case on February 18, 2026.

The players

Gray's Landing apartment complex

An affordable housing complex in Portland, Oregon, home to a vulnerable population including the elderly, veterans, and those with disabilities.

U.S. Immigration and Customs Enforcement (ICE)

The federal agency that has been the target of protests in Portland, with federal agents using tear gas and other crowd-control tactics in response.

Department of Homeland Security

The federal agency that oversees ICE and whose agents have been involved in the use of tear gas and other crowd-control tactics during the protests.

Daniel Jacobson

The attorney representing the plaintiffs, the property manager and tenants of the Gray's Landing apartment complex.

Samuel Holt

The attorney representing the federal government in the case.

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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 federal judge will resume the hearing on the case next week to determine if federal officers' use of tear gas and other chemical munitions should be limited.

The takeaway

This case highlights the growing tension between federal law enforcement's use of aggressive crowd-control tactics and the rights of vulnerable residents caught in the crossfire, raising questions about the appropriate balance between public safety and civil liberties.