DHS fast-tracks new rules governing masks and violence near federal facilities

PORTLAND, Ore. (KOIN) — Citing recent violence at its facilities nationwide, the Department of Homeland Security announced yesterday that new regulations governing conduct on federal property are now in place.

As of Nov. 5, the Federal Protective Service now has the authority to arrest individuals both on and off of federal property for disorderly conduct, wearing a mask or hood that conceals their identity while committing a crime, and more.

“DHS is using every tool possible to protect the lives of our law enforcement as they face a surge in violence and lawlessness at many of our federal facilities,” DHS Assistant Secretary Tricia McLaughlin said in a press release.

The rules were previously set to go into effect on Jan. 1 and give Federal Protective Services the authority to address violations both on and off of federal property if they impact the facility or those within it. Violations of the new rules are now considered a Class C misdemeanor and are punishable by up to 30 days in jail, a fine of up to $5000, or both.

Other examples of punishable offenses include obstructing access to federal property, preventing federal employees from carrying out official duties, threatening violence, tampering with government IT systems, including card readers, creating a hazard or threat of hazard on federal property, and using a drone to take off from, land on, or damage federal property.

In an update on the Federal Register, DHS officials said that even though the Administrative Procedure Act requires agencies including theirs to provide advance notice as well as an opportunity for comment before issuing a rule change, the law allows an exception when there is “good cause.”

The agency said it found there is “good cause” to bypass the notice and comment process, and said it was “impractical.” In the footnotes, they cite Newsweek and Fox News coverage of Portland demonstrations specifically from Jun. 19, Oct. 2 and Oct. 3.

DHS officials cited the fatal shooting at a Dallas Immigration and Customs Enforcement facility in September, as well as the July shooting at ICE’s Prarieland Detention Center, as evidence of a heightened threat.

“We’ve seen rampant violence against law enforcement including our officers shot at, rammed by vehicles, assaulted and threatened,” McLaughlin said. “Under President Trump and Secretary Noem, we will not tolerate violence perpetuated by Antifa and other domestic extremists who are targeting federal property and law enforcement.”

This decision comes nearly a month after DHS Sec. Kristi Noem visited Portland amid attempts by President Trump to deploy the National Guard in the Rose City on the heels of daily protests focused outside the ICE building.

KOIN 6 News spoke with protesters outside the Portland ICE facility on Thursday night, with many saying they thought the rule changes were hypocritical, citing ICE agents seen wearing masks.

This comes as Portland City councilors included requiring federal agents to provide identification during immigration arrests as part of their recent move to codify the sanctuary city status.

KOIN 6 News reached out to DHS for comment but have not heard back.