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Judge Challenges Delayed National Guard Withdrawal from Portland ICE Facility

The ongoing situation involving the Oregon National Guard and the U.S. Immigration and Customs Enforcement (ICE) facility in Portland raises significant legal and operational concerns.

Judge Questions Delayed National Guard Withdrawal

A recent court hearing highlighted the various challenges associated with the withdrawal of National Guard personnel from the ICE facility in Portland. On October 4, Judge Karin J. Immergut issued an order prohibiting the deployment of these forces after they had already been stationed at the site.

Order Communication Issues

Federal lawyers explained that delays in executing the judge’s order stemmed from a complicated chain of command. Eric Hamilton, an attorney from the U.S. Department of Justice, stated that the directive to withdraw the National Guardsmen took time to communicate through the hierarchy, which included high-ranking officials and multiple time zones.

The Oregon National Guard troops were initially sent to the facility on October 4 at approximately 11:35 a.m. They remained on duty until midnight, eight hours after the restraining order was issued.

Concerns Over Federal Response

During the hearing, Judge Immergut expressed skepticism over the federal government’s efficiency in relaying the withdrawal order. She noted the swift mobilization of 100 California National Guard troops to Portland following the events of October 4. She questioned why the same urgency was not applied to notify Oregon’s guardsmen.

Hamilton insisted that the government acted as quickly as feasible, though he acknowledged there were multiple layers of command involved.

Ongoing Court Hearings

The case continues as the state of Oregon, along with California and the city of Portland, seek a permanent injunction against National Guard deployments to the city. Central to the hearings is whether the federal government legally justified the mobilization under the current conditions surrounding the ICE facility.

Cost Implications and Law Enforcement Concerns

Portland Assistant Chief Craig Dobson testified about the financial implications of police responses to protests outside the ICE facility. He reported that the city’s response since June has cost approximately $898,689.92 primarily due to personnel and overtime expenses.

Training and Crowd Management

Dobson raised concerns regarding the training of National Guard members for crowd management in protest situations. He emphasized the complexities involved in handling large groups and the potential negative implications of military presence on public sentiment.

Incident Reporting and Federal Deployment

The court also examined incidents involving federal law enforcement at the ICE facility. A regional deputy director from the Federal Protective Service shared that their agents had encountered violence during protests, including injuries to personnel.

He expressed disappointment over the lack of police response from Portland, indicating they had not received assistance from local officers despite numerous requests since June. This raised concerns about the local law enforcement approach in managing the protests and their repercussions.

Resource Allocation Challenges

The Federal Protective Service has faced staffing shortages, with only four officers assigned to cover numerous federal properties in Oregon and southern Washington. The deputy director noted that an adequate force of 180 law enforcement officers is necessary for round-the-clock protection of the Portland ICE facility.

While discussions about the National Guard’s role continue, challenges remain regarding the effective management of federal resources and the implications of deploying military personnel in urban settings.

  • October 4: Judge Immergut issues restraining order for National Guard withdrawal.
  • Cost of police response to protests: $898,689.92.
  • Recommended law enforcement coverage for ICE facility: 180 officers.

The court proceedings will continue as the involved parties work towards a resolution that addresses these multifaceted issues, including the implications of military deployments in civil contexts.

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