By Jim Redden
Photo from City of Portland.
The City of Portland has ruled that the owner of the controversial Immigration and Customs Enforcement (ICE) building in South Portland violated its land use permit due to holding detainees overnight or for more than the limit of 12 hours.
Critics have demanded for months that the city cancel the permit allowing ICE to operate the facility, which includes holding cells.
The Portland Permitting & Development Bureau upheld a land-use violation at the facility on Feb. 13, but the owner has until March 16 to fix the violation. If he doesn’t, he faces a monthly fee of only $934 that will be applied as a lien against the building at 4310 S Macadam Ave. It would only be collected upon sale of the building.
“As we continue with this land use case, it’s essential that we allow the established process to unfold as intended. Each step in the review is part of a framework designed to ensure outcomes that are grounded in evidence, consistent with city code, and defensible over time,” City Administrator Raymond Lee said.
The building owner had until Feb. 27 to appeal the decision after this issue of the North Peninsula Review press date.
City officials are also working to penalize the owner over the repeated use of chemical munitions, including tear gas, by federal officials during anti-ICE protests. Oregon U.S. District Judge Michael H. Simon issued a temporary restraining order on Feb. 3 prohibiting federal officers at the building from directing tear gas, pepper balls, rubber bullets or other munitions at people unless they pose a direct and immediate threat.
The Oregon Department of Justice and the City of Portland have filed briefs supporting the federal lawsuit, which was filed by protesters and freelance journalists against the U.S. Department of Homeland Security.
On Sept. 18, 2025, following an investigation initiated by public complaints, the city issued a land use violation notice against the facility. According to the notice, federal government records from a 10-month period showed more than a dozen instances of detainees being kept overnight or held for more than 12 hours at the facility, which is in violation of its land use conditions of approval. The facility is legally restricted to holding detainees for no more than 12 hours and is not permitted to hold individuals overnight.
Records indicate that detainees were held beyond the facility’s time limit or kept overnight 25 times between October 1, 2024, and July 27, 2025. The most recent violation during that period took place May 20.
Representatives of the property owner requested a review and at a Dec. 30 meeting presented information contesting the notice. After further review, it was determined that the notice was not issued in error and there was adequate documentation to support it.
The notice also references a second violation related to the boarded windows, which is not associated with the land use approval.
The city is also moving to penalize the owner for federal agents’ use of chemical weapons affecting the surrounding residential neighborhood during ongoing protests at the ICE facility.