FAQ: Federal Agents in Portland: What Portland Police can – and can’t – do.

Tactics by federal agents, both locally and around the nation, have received widespread media attention and generated fear and uncertainty in our community.

Many residents are asking what the City of Portland can do to protect people from use of force by ICE, Customs and Border Protection, Federal Protective Service, Enforcement and Removal Operations, the Department of Homeland Security, and other federal agencies.

First and foremost, the Portland Police Bureau does not assist federal agents in immigration enforcement. We are committed to a decades-old policy of not using police officers to enforce immigration. We will not work with federal agents to enforce immigration laws. Any officer who violates sanctuary law will face disciplinary action.

Learn what Portland police officers can and can't do when they encounter federal agents enforcing immigration, under federal and state laws as they stand today.

Key Points

• Portland police do not enforce immigration law.
• Portland's status as a sanctuary city does not give Portland police authority over ICE or other federal agents.
• Federal agents are not above the law. ICE is bound by the U.S. Constitution. But violations of civil rights are best enforced through the courts. Intervention by Portland police is not an effective way to hold federal government accountable.
• If a federal agent violates your rights, your best recourse likely lies in filing a lawsuit against the federal government.
• Federal law severely restricts state and local authority to intervene with federal agents.

Frequently Asked Questions

Do Portland police enforce immigration law?

No. Under our Sanctuary City status, Portland police are prohibited from enforcing immigration law. Portland police work with all community members, regardless of their actual or perceived national origin or immigration status, to reduce crime and the fear of crime. Watch this video to learn more about Portland police and immigration.

Do Portland police participate in the federal 287(g) program?

No. ICE's 287(g) program deputizes local law enforcement agencies to carry out immigration enforcement under section 287(g) of the Immigration and Nationality Act. The Portland Police Bureau does not participate in this program.

Do Portland police ever work with federal partners?

Yes, Portland police do work with federal partners in law enforcement to investigate criminal offenses such as murder, crimes against children, human trafficking, and other federal crimes occurring in our communities. In these cases, Portland police may work with the Federal Bureau of Investigation, the Drug Enforcement Administration, federal marshals, and so on. If at any point this work becomes solely about enforcing immigration law, Portland Police halt engagement.

Does Portland's status as a sanctuary city give Portland police authority over ICE or federal agents?

No. Sanctuary law does not give Portland police authority over ICE. Federal agents are not above the law, but Portland police are extremely limited in their ability to intervene in direct interactions between federal agents and community members.

Ultimately, federal agencies answer to the President, Congress, and federal judges, who set policies, pass legislation, and interpret laws and the Constitution. Cities and states have limited authority over federal agencies.

Do Portland police have the authority to intervene when federal agents are arresting someone?

Rarely. Federal agents are empowered to enforce federal law and presidential directives. Portland police cannot obstruct federal agents when they are performing their duties. If federal agents are breaking the law, the best way to seek accountability is through the courts, not police intervention.

If Portland police officers interfere with federal agents, they risk severe legal consequences for themselves and the City.

What does "interference with a federal agent" mean?

Federal law prohibits interfering with or obstructing federal officers while they are performing their duties. Even well-intentioned actions by local officers can later be alleged to be interference.

Can Portland police talk to federal agents?

Yes. Local police officers may approach federal agents and ask questions in a consensual way, just like they can with any community member. This is allowable if a reasonable person would feel free to decline to answer and walk away.

Can Portland police ask someone if they are really a federal agent?

Yes. In a consensual encounter, local officers may ask for identification from someone who claims to be a federal agent and acts under that claimed authority. Asking alone does not violate the law.

Following the directive of the Protect Portland Initiative, the Portland Police Bureau (PPB) has developed a protocol to document interactions with federal agents. To the extent possible, Portland police will ask suspected federal law enforcement without visible identification to confirm their identification. Portland police officers are trained to document these instances.

PPB understands the fear and confusion caused by masked federal agents who may have "Police" written on their vests. In response, PPB has produced a video to help the community distinguish Portland police from federal agents.

According to the Immigration Customs Enforcement website, "ICE law enforcement officers carry badges and credentials and will identify themselves when required for public safety or legal necessity."

When a federal agent's badge and clear indicators of authority are visible, Portland police officers will not ordinarily approach or question the agent, barring extreme or highly unusual circumstances.

What is a "consensual encounter?"

A consensual encounter is a voluntary interaction. It means an officer may ask questions of any person, but the person does not have to answer and is free to leave at any time. No suspicion of wrongdoing is required for this kind of interaction because it is on a voluntary basis.

When does a consensual encounter become a detention or "seizure?"

A consensual encounter becomes a detention when an officer – through words, actions, or physical force – makes it clear that the person is not free to leave. At that point, the law requires a higher level of legal justification, such as a Terry stop.

When can Portland police use a Terry stop?

A Terry stop is a brief detention by police based on reasonable suspicion that a person is involved in criminal activity. It is a form of seizure under the Constitution and must be limited in time and scope. A Terry stop must last only as long as necessary to confirm or dispel the officer's suspicion of criminal activity. The officer's actions must be closely related to the reason for the stop and use the least intrusive methods reasonably available.

Can Portland police use a Terry stop against federal agents if those agents refuse to identify themselves?

Generally, no. A police officer must, based on the totality of the circumstances, have reasonable suspicion that a crime is occurring before conducting a Terry stop. If the circumstances suggest that the individual is a federal agent, a refusal to display a badge, standing alone, is likely insufficient to create reasonable suspicion and therefore does not justify a detention. Using a Terry stop in that scenario places officers and the City at significant legal risk.

The risk arises when local officers detain or use force against someone who is a real federal agent. If the person turns out to be a federal agent, using detention or force could be considered unlawful interference, which is a crime.

What's more, detaining federal agents could also escalate conflict with federal authorities. The federal government has the right to enforce federal law. Detaining federal agents risks confrontation which could have significant negative consequences, such as:

• Arrest and criminal prosecution of officers and those who ordered them to interfere with federal agents.
• Providing justification for the President to federalize the National Guard.
• Providing justification for the President to invoke the Insurrection Act.

Why is it important to understand this risk to Portland police?

Because even when officers act in good faith, laws governing police authority over federal agents are complex. Determinations about whether a federal agent acted unlawfully are best made in a courtroom after an investigation has been completed, except in very limited circumstances.

What should I do if I see federal agents using violent tactics in the community?

It can be shocking and traumatic to witness law enforcement agents using violent tactics. These situations are often highly volatile and escalate quickly. They trigger powerful emotions like confusion, fear and rage that can overwhelm people's judgment and lead to unpredictable consequences.

• Stay safe. Protect yourself from harm.
• Call 911 in a life-threatening emergency or if you believe a crime is being committed.
• Safely document what you are witnessing.
• See Help and Resources for Encounters with Federal Agents.

How can I learn more about federal agents in Portland?

Check out Portland Values and the Federal Government. This page includes information on:

• Legal action we're taking to protect our community against federal overreach.
• How to identify Portland police.
• Why we're a Sanctuary City and what that means.
• The Protect Portland Initiative.