The Border Patrol May Be Coming to Your Town

“This is a posture we intend to continue not just in Portland,” DHS official says.

Federal officers in Portland, Oregon after clearing the streets with tear gas and other crowd control munitions, on July 18, 2020.Alex Milan Tracy/Sipa via AP Images)

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

The Trump administration says the Department of Homeland Security can occupy downtown Portland, tear gas protesters, and arrest people on city streets with little explanation. Critics say that’s fascist. DHS says it’s a model to take on the road.

“With as much lawbreaking is going on, we’re seeking to prosecute as many people as are breaking the law as it relates to federal jurisdiction,” acting Homeland Security Deputy Secretary Ken Cuccinelli told NPR on Friday. “That’s not always happening with respect to local jurisdiction and local offenses. But, you know, this is a posture we intend to continue not just in Portland but in any of the facilities that we’re responsible for around the country.”

In Portland, DHS, defying the express wishes of elected officials, appears to be using the fig leaf of defending federal property to pursue President Donald Trump’s wish to forcibly suppress unrest. In what critics call clearly unconstitutional behavior, camouflage-clad officers—Mother Jones reported on Friday that they are Border Patrol agents—have arrested protesters, allegedly without identifying or explaining themselves. Federal officers have used tear gas and shot projectiles from paintball guns at protesters.

Officials at DHS and US Customs and Border Protection claim that they are in Portland to in support of a June 26 executive order in which Trump directed the Departments of Justice, Homeland Security, and Defense to provide “personnel to assist with the protection of Federal monuments, memorials, statues, or property.” More specifically, CBP says that its agents are deputized to help the Federal Protective Service in guarding federal property, a role that the DHS secretary has statutory power to give them. In Portland, CBP says it’s protecting the Hatfield Federal Courthouse from vandalism.

These efforts do face legal challenges. The US attorney in Oregon has requested an investigation into videos of camouflaged federal authorities without identification arresting protesters in Portland, CNN reported. In a statement Friday, CBP told Mother Jones its agents had carried out arrests in the city and defended them as legal.

On Saturday, Oregon’s Attorney General sued DHS and other agencies Friday night, arguing they are violated the Constitution by detaining and arresting demonstrators without probable cause. On Friday, the American Civil Liberties Union’s Oregon branch sued DHS and the US Marshals Service, which is part of the Justice Department, seeking a court order to block federal officers “from dispersing, arresting, threatening to arrest, or using physical force against journalists or legal observers.” The ACLU said it will be filing additional lawsuits in coming days aimed at restraining federal action in the city. Citing Cuccinelli’s comments on nationalizing the Portland model, the ACLU tweeted: “We won’t let them.”

But DHS is pushing ahead. With little notice, the department has already dispatched teams of agents to police the National Mall in Washington, Gettysburg National Military Park, and other locations. Cuccinelli seems set on further expansion.

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate