Portland’s ICE land use violation process now on pause, disputed by landowner

PORTLAND, Ore. (KOIN) — The City of Portland’s effort to enforce a land use violation against the Immigration and Customs Enforcement facility on South Macadam Avenue is now on hold.

This comes one month after Portland first issued its land use violation notice following what city leaders described as the federal government “breaking promises” about how it would operate the ICE facility.

“This review was triggered by the federal government’s breaking promises to our community regarding the detention of human beings,” said Mayor Keith Wilson.

The hold is on the request of the building’s private owner, who leases its use to ICE, and is now challenging the city’s claim of a violation.

The lawyers representing the landowner requested the administrative review on Oct. 3, according to a memo sent to Portland City Councilors by the city administrator this week. In it, the City of Portland requested the building owner submit any relevant information for consideration to them by Friday, Oct. 17.

The request has halted the City of Portland from taking any enforcement action against the building, including issuing fines, city officials said.

This comes after an investigation found the facility violated its land use approval, according to a notice of violation issued by the city on Sept. 18.

“Federal records show that ICE violated its land use conditions of approval 25 times in 10 months by detaining people for more than 12 hours or keeping them overnight,” Wilson said.

Department of Homeland Security leadership has called the allegations “categorically false.”

City leaders said they can’t comment on the dispute while the bureaucratic process continues to unfold.

“While it’s happening, we’re not really allowed to comment on where it’s happening, but it’s not on the back burner. It’s just that the clocks are ticking and there’s a lot of process going on, on the mayor’s side,” said Portland City Councilor Sameer Kanal.

“Our job is to remain neutral, assess all of the facts, and if we don’t remain neutral, we can be recused from the vote,” added Portland City Councilor Angelito Morillo.

The update comes after the city council passed an emergency ordinance codifying Portland’s sanctuary city status and banning city employees from aiding federal immigration enforcement earlier this week.

DHS Secretary Kristi Noem also visited the building earlier this month. At the time, she suggested the city take over the lease. City officials said doing so could spark a transition of ICE out of the facility.

City officials said the building owner has until Oct. 31 to submit any additional information for consideration, as part of the review. In the meantime, ICE can continue operating under its existing approval.

According to the city,  the office of permitting and development will hold a private meeting with the landowner before issuing a decision. However, there is no public comment period or timeline for when that decision will be released.