Portland uses land-use rules against ICE facility

Portland city officials are using land-use regulations as a tool to challenge federal immigration enforcement operations within their jurisdiction. The city issued a violation notice to the property owner of an Immigration and Customs Enforcement facility on Sept. 15, alleging the agency exceeded the 12-hour detention limit established when the permit was granted in 2011. The facility in the South Waterfront neighborhood faces potential monthly fines starting at approximately $1,000, and city regulators plan to reconsider the conditional-use permit later this month.

City leaders approved the original permit with specific restrictions after residents raised concerns about safety and potential protests. Observers documented 25 instances over 10 months when detainees were held beyond the authorized timeframe. The federal government pays more than $2.4 million annually to lease the building, but the property owner must resolve the compliance issues or face escalating penalties.

Portland officials rejected a proposal from federal advisers to purchase the property or assume the lease. City Council member Angelita Morillo announced plans to propose an impact fee on detention centers to offset public costs such as environmental cleanup from crowd-control measures. The strategy differs from other cities because most immigration facilities are owned by federal agencies or private prison companies, making them harder to regulate through local permitting authorities.
 

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