Portland District Attorney Refused to Charge Federal Agents under Oregon Law. Attorney General Rayfield Intervened.

Federal law enforcement officers, including those from the Department of Homeland Security, confronted protesters at the Immigration and Customs Enforcement (ICE) facility south of downtown Portland on Sunday, October 12, 2025.

The chief local prosecutor in Portland has cautioned that charging federal agents under state law carries unreasonable expectations, despite recently signing a statement warning that excessive force by federal officers could lead to accountability.

Last week, Oregons three most populous counties district attorneys, alongside Attorney General Dan Rayfield, collectively signed a letter alerting the Trump administration that they were monitoring claims of federal overreach and might pursue charges if violations persisted. The signatoriesRayfield, Multnomah County District Attorney Nathan Vasquez, Washington County District Attorney Kevin Barton, and Clackamas County District Attorney John Wentworthcalled for federal cooperation in Oregon-based investigations.

The letter highlighted instances where federal officers used disproportionate force, including tear gas and nonlethal projectiles, outside Portlands ICE facility. It also referenced a case in October where teens were threatened at gunpoint by agents from an unmarked van in Hillsboro and the November arrest of a 17-year-old student near McMinnville High School.

Normally, state authorities defer investigations involving federal personnel, the letter stated, but DHSs repeated excessive actions against Oregon residents, including local law enforcement, indicate these are not normal circumstances.

For Vasquez, the letter marked a shift from his earlier public stance. In late October, citing the U.S. Constitutions supremacy clause, he noted that prosecuting federal agents is largely beyond local authority. Yet, the recent letter clarifies that federal immunity applies only when officers act within the reasonable discharge of their duties. Rayfield indicated he is reviewing incidents and may refer cases to local prosecutors.

Federal authority has limits. Immunity applies in certain scenarios, but it does not prevent prosecution in every case, Rayfield said. When credible evidence suggests abuse of power, it is our duty to investigate thoroughly and lawfully.

Multnomah Countys Hesitation

The Multnomah County District Attorneys Office expressed caution. Spokesperson Pat Dooris explained that Vasquezs position has not changed, and no cases have yet been formally referred by the Attorney Generals office. Vasquez emphasized that prosecuting on-duty federal officers is unlikely to meet the threshold for probable cause.

State attempts to charge federal personnel are rare but not unprecedented. In 2001, the 9th Circuit allowed an evidentiary hearing for an FBI agent charged with manslaughter related to the 1992 Ruby Ridge incident, though charges were eventually dropped. Other historic examples include state traffic cases against federal employees.

Adam Gibbs, general counsel for the Multnomah County District Attorneys Office, clarified that immunity under the supremacy clause is legally narrow, often misunderstood by the public. He cited a recent Salem case where a DEA agent killed a cyclist; the federal court dismissed charges based on immunity, a ruling now appealed by Rayfields office.

Investigative Challenges

Identifying individual federal officers is a significant barrier, as agents frequently wear masks and may reside outside Oregon. Former Multnomah DA Mike Schmidt noted that past investigations, including a 2020 protest shooting case, were hindered by unidentified federal agents. Activists have attempted to use AI to track ICE personnel, highlighting public pressure as a potential influence.

Schmidt argued that mere letters to federal agencies do not alter behavior; formal prosecutions are necessary to create real consequences for excessive force.

Federal Response and Legal Landscape

ICE and DHS did not comment on potential prosecutions. The U.S. Attorneys Office in Oregon also declined comment. Previously, U.S. Deputy Attorney General Todd Blanche warned California officials that arrest attempts against federal agents are futile and illegal, citing federal statutes and the Supremacy Clause.

Rayfield, however, expressed confidence in pursuing cases. He acknowledged legal hurdles related to federal immunity and the identification of officers but stressed that collaboration with local prosecutors could produce solutions for Oregon residents. Each case is unique, and we will handle it accordingly, he said.

Author: Chloe Ramirez