Challenging the federal use of chemical weapons against Portland residents

REACH Community Development v. DHS

Troops standing as yellow gas floods a Portland street.

On December 5, 2025, REACH Community Development and a group of individual residents filed a lawsuit against the Department of Homeland Security (DHS) and federal agencies for violating their constitutional rights in Portland, Oregon. The lawsuit argues that federal agents stationed at the Portland ICE facility have indiscriminately deployed chemical munitions — including tear gas, smoke grenades, and pepper balls — that infiltrate the homes of the adjacent Gray’s Landing affordable housing complex.

Attorneys for the plaintiffs have also filed a Motion for a Preliminary Injunction, asking a federal court for an immediate order to stop the government’s knowing release of poison gas into the homes of innocent residents. The motion argues that the government’s conduct poses a severe and ongoing threat to the health and safety of over 200 low-income tenants, including veterans, seniors, and families with young children.

The coalition is represented by attorneys from Jacobson Lawyers Group, Bradley Bernstein Sands LLP, Democracy Forward, and Protect Democracy.

Background

Background

Since June 2025, protests have occurred regularly outside the Immigration and Customs Enforcement (ICE) facility in Portland’s South Waterfront. In response, federal agents have utilized massive volumes of chemical munitions to disperse crowds, often without regard for the residential building located less than 100 feet away.

These tactics include the dangerous and indiscriminate use of tear gas, smoke grenades, and pepper balls. The complaint alleges that this is not merely crowd control, but an unconstitutional violation of the residents’ rights to bodily integrity, life, and liberty. The gas seeps through closed windows and vents, filling bedrooms, hallways, and elevators with toxic fumes.

Residents report that federal officers have laughed at complaints about the gas, claiming the chemicals are “environmentally friendly,” while seemingly deploying munitions for the benefit of “influencers” invited to the facility’s roof to film propaganda.

The lawsuit seeks to:

  • Enjoin federal agents from deploying tear gas, smoke grenades, and other chemical munitions that are likely to infiltrate Gray’s Landing, unless necessary to protect against an imminent threat to life.
  • Declare that the government’s use of chemical munitions in a residential area violates the Substantive Due Process Clause of the Fifth Amendment and the Fourth Amendment’s protection against unreasonable seizures.

This case is about ensuring that the government cannot knowingly poison the homes of its own citizens. The case, REACH Community Development v. DHS, was filed in the United States District Court for the District of Oregon.

Plaintiffs

Plaintiffs

Nonprofit Landlord: REACH Community Development (REACH CDC) is a nonprofit organization dedicated to providing affordable housing and opportunities for all people to thrive. REACH manages Gray’s Landing, a LEED Platinum-certified building designed to high environmental health standards that are now being compromised by chemical contamination.

Residents: The individual plaintiffs include:

  • Whitfield Taylor: A father whose two young daughters, A.T. and B.T., sleep in a closet to escape the fumes and booming flashbangs.
  • Susan Dooley: A 72-year-old Air Force veteran with heart failure and asthma, whose condition has worsened significantly due to repeated gas exposure.
  • “Jane Doe”: A domestic violence survivor who suffers severe PTSD and panic attacks triggered by the explosions and fumes outside her window.
  • Mindy King: A long-time resident who has documented the attacks and appears to have been targeted by officers with tear gas while filming from her apartment.
Defendants

Defendants

  • Department of Homeland Security (DHS) Secretary Kristi Noem
  • Acting Director of ICE Todd Lyons
  • Commissioner of Customs and Border Protection (CPB) Rodney Scott
  • Director of the Federal Protective Service (FPS) Faron Paramore 
  • U.S. Secret Service Director Sean Curran
Case Documents

Case Documents