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A Portland police commander testified Wednesday that federal forces deployed by President Donald Trump escalated tensions during protests outside a U.S. Immigration and Customs Enforcement (ICE) building, intensifying violence rather than curbing it.
Portland Police Bureau Cmdr. Franz Schoening delivered the testimony during a federal bench trial examining whether Trump had legal grounds to deploy the National Guard to Portland – an action city officials argue was unnecessary and inflammatory.
Schoening described instances in which federal agents fired tear gas at who he called nonviolent demonstrators, saying the actions were “startling.” The ICE facility had been a focal point of protests since June.
He said that state and federal law prohibit police agencies from using the tactics that federal officers have taken – including the deployment of tear gas and other munitions. Portland police officers, he added, were themselves hit by tear gas and forced to retreat.
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Federal agents, including members of the Department of Homeland Security, Border Patrol and the police, attempt to keep protesters back outside an Immigration and Customs Enforcement facility Oct. 5, 2025, in Portland, Oregon. (Spencer Platt/Getty Images)
Schoening recounted a larger Oct. 18 protest where a federal agent allegedly launched a munition – either smoke or tear gas – that bounced off the facility’s driveway and landed on the roof, where other agents were stationed. Those agents responded by firing additional rounds into the crowd.
“We didn’t see any violent conduct or behavior that would have precipitated that use of force,” Schoening testified. “It appeared to be triggered by the federal officer’s deployment of that munition. Our officers were in close proximity and were struck by federal munitions.”
U.S. Customs and Border Protection agents standoff against demonstrators as tear gas fills the air outside the U.S. Immigration and Customs building during a protest Saturday, June 14, 2025, in Portland, Ore. (AP Photo/Jenny Kane) (AP Photo/Jenny Kane)
Portland attorney Caroline Turco said the evidence would show that the protests were largely peaceful and did not justify National Guard intervention.
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“This case is about whether we are a nation of constitutional law or martial law,” Turco said in opening statements.
The U.S. Justice Department countered that federal personnel had been targeted throughout the summer. DOJ attorney Eric Hamilton argued that “agitators have used violence and threatened violence” against officers and property.
U.S. Border Patrol Agents detain a demonstrator during a protest outside the ICE headquarters in south Portland, Oregon, on Thursday, Oct. 3, 2025. (Reuters/Carlos Barria)
In a trial brief, the Trump administration accused Portland authorities of being “unhelpful and at times hostile,” and claimed the city’s police repeatedly failed to support federal agents.
“The record is replete with evidence of the PPB failing to provide assistance when federal officials have requested it,” DOJ attorneys wrote.
The administration further argues that it had been forced to reassign Department of Homeland Security agents from across the country to Portland due to the protests.
U.S. Customs and Border Protection agents detain a man outside the U.S. Immigration and Customs building during a protest Saturday, June 14, 2025, in Portland, Ore. (AP Photo/Jenny Kane)
It also argues the Trump administration can call out the National Guard because the president has been unable to enforce the law with regular forces in Portland and has characterized the protests as a “rebellion” or presenting a “danger of rebellion” – both cited as justifications under federal law for National Guard deployment.
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The non-jury trial is expected to last three days and will include testimony from federal officials. Local police maintain they have made arrests when necessary while also respecting First Amendment rights.
The Associated Press contributed to this report.