It’s Complicated…

Assuming you haven’t been living somewhere off the grid and blissfully disconnected from the world at large until this very moment, you’ve been hearing a lot of heavy-handed talk from certain sectors that anyone who doesn’t wholeheartedly embrace and endorse the Trump Administration is un-American. Those targeted with these rhetorical condemnations include Conservatives and several former Republican politicians who display what constitutes an unacceptable degree of disloyalty. It’s the mind-boggling perspective from these circles that, if someone isn’t fully on board with Donald Trump’s rather Autocratic and Authoritarian vision for America, they must hate America.

It’s readily apparent that this is in no way a condition tied to the office of President, but something exclusive to the person of Trump and those who curry his favor (only while they remain in his good graces). That much is evident in how these same people displayed open contempt toward Barack Obama and Joe Biden while they were in the White House. The same pervasive, inimical rhetoric wasn’t directed at the people who opposed Obama and Biden. The vehement opposition to those two Presidents was treated as part of the standard discourse in American politics, despite the acrimony and animosity being far more intense than anything that had previously been considered normal. This double standard indicates to me that there is a whole swath of the American population that believes that the spirit and character of America is somehow embodied within Donald Trump.

The implicit assertion, then, if taken at face value, is that these people believe opposition to Trump’s Administration is symptomatic of hating America (because Trump IS America).

I don’t believe this assertion is accurate, and not solely because it lacks nuance and reeks of little more than partisan jingoistic propaganda. Hating Donald Trump, his policies, and those who work to enact them is neither unpatriotic nor indicative of hating America. On the contrary, I would contest that it’s the people leveling these accusations who actually hate America, or at least the real America that exists outside of Donald Trump’s exceedingly narrow worldview. To defend that argument, I need to explore what it means to hate America. But first, there’s an important question to answer.

What is America?

Is America the land contained within the illusory boundaries we have in place? Is America the people residing in the United States, or (as some would surely insist) just the citizens of the nation? Is it the form of government established by the Constitution? Is it some ideal or another intangible thing beyond the scope of the Constitution, like what we refer to when talking of the American Dream? Is it all of these things, a combination of one or two, or some other thing entirely?

Additionally, we should probably establish what we mean when we say that someone hates America. Is it sufficient that they hate aspects of American culture or history? What about hating substantial portions of the American citizenry? What constitutes hate in this context? Before we can discuss whether one group or another hates America, it would be helpful to define all of our terms.

This, of course, exposes the complicated nature of the topic and further reveals the lack of nuance implicit in the accusations bandied about; that so many people hate America. Before we dig too deep, and speaking solely for myself, I have to say that, where my feelings toward America are concerned, it’s most certainly complicated. If America and I had a relationship status, that would be the simplest box to check: “It’s Complicated.”

Part of the reason for that complicated relationship in my case is that I am one of the millions of people directly descended from one of the 56 men who signed the U.S. Declaration of Independence. Benjamin Rush was a signatory from Pennsylvania, and his descendant, Rosanna Rush Merrill (a nurse during the Civil War), was my great-great-grandmother.

I learned of this family history at a young age. I spent time studying the physician who went from being one of the Sons of Liberty to a member of the Continental Congress, before becoming one of the illustrious men who inscribed his signature on the Founding Document of this nation. Despite the inherent Imperialism and Colonialism implicit in the foundation of America, I took no small amount of pride in knowing that I was directly descended from this man. This was especially true when I was young and ill-informed enough to perceive the country through rose-colored glasses.

I’ve said in the past that, if I had to pick a Founding Father to have descended from, I very well may have selected Benjamin Rush. Of the Founding Fathers I’ve studied, he’s the one who displayed what I consider the most admirable qualities. He was, first of all, an adamant and vocal abolitionist who fully opposed the slave trade and disagreed with any assertion that Black persons were in any way morally or intellectually inferior to Whites. Beyond that, he opposed Capital Punishment, founded both Dickinson College and the Young Ladies’ Academy of Philadelphia, believed in compassionate treatment of the mentally ill, and he believed addiction wasn’t a moral failing.

Sure, he had plenty of ass-backward thoughts on bloodletting and other things (even for the times). And yet, for the times in which he was living, he was nonetheless highly progressive, and I have to say it seems like he left behind more good than bad. It’s difficult not to feel a bit of pride in knowing I had an ancestor of no small esteem, who very well may have also seen the world the same way I do, were he alive today.

Another thing that complicates my relationship with America is that I come from a military family. It’s not just that my ancestor was directly involved in the Revolutionary War or that at least one of my great-great-grandfathers fought (on the correct side) in the Civil War. Both of my grandfathers served during World War II. Two of my three uncles served with the Army in Vietnam. My father was in the Navy, and my subsequent stepfather was in the Air Force. And now my oldest son is in the Army. In fact, had I not fractured five vertebrae a month before I turned 16, I would have enlisted as well.

I’m thoroughly opposed to our out-of-control Defense Spending, our rampant invasions of foreign nations over the last three quarters of a century, the lie we tell ourselves about bringing Freedom and Democracy to foreign lands, and the premise of American Exceptionalism that fuels our ongoing Imperialist and Colonialist activities. But three of the men I admired most in my life were soldiers, two of them involved in an entirely illegal and unjustified conflict. Nevertheless, they were heroes to me, and heroic men otherwise. I can’t simply disengage from that reality, no matter how much I oppose the conditions that led to these men being in the positions they were in, to become the heroes they became.

All of that aside, I’ve never been particularly patriotic, but I am proud of these aspects of my family history. To disentangle that history from the associated American history is virtually impossible.

But if I proceed from here, I’ll be getting ahead of myself, and I prefer to avoid that if at all possible. Let’s get back to definitions.

If, by America, we mean the land that we include within the boundaries, I find it difficult to believe that anyone opposing Donald Trump’s Administration could be accused of hating the wide-ranging landscapes and environments to be experienced from Maine to Hawaii and Florida to Alaska. There are, no doubt, certain ecosystems that people dislike. I’m not a fan of places that are particularly hot and humid, for example. But it’s not the people opposing President Trump who want to develop that land, mine it, or drill for oil. That’s not loving the environment or the land, that’s loving what you can take from it. That belies a superficial and selfish motivation, not an appreciation for the land itself. It’s a short-sighted, short-term predation that leaves nothing of value behind. Clearly, it is not the land that Trump supporters are accusing Liberals, Leftists, and anyone not loyal to Trump of hating.

So, is it the people? For simplicity, in this section, I’ll focus on Republican vs. Democrat, as those are the two largest voting blocs. As America’s population became more culturally and ethnically diverse, it’s definitely true that both major parties became less homogenized as a result; however, it’s been the Democratic Party that has displayed the greater degree of diversity in Representation, something that has shown a steady increase over time. At the same time, it’s Donald Trump who has maintained the unwavering support of White Supremacist Hate Groups, in large part because of policies that are transparently focused on benefitting a homogenized culture of straight, cisgender, white, Christian males. White people do make up the majority of the American population, at almost three times the number of people as are classified as Hispanic or Latino, more than four times as many as those who are classified as Black or African American, nearly nine times as many as those who are labeled as Asian, and more than 24 times as many people as those classified in any other way (including those who identify as two or more ethnicities). In fact, White people make up more of the population than all of those ethnic groups combined. So, could one argue that the party appealing to White Supremacists is the party that loves the larger number of Americans simply by virtue of skin color? I suppose one could make that argument, but that ignores the other characteristics that appeal to those same people: straight sexual orientation, cisgender identification, Christian faith, and male-dominated hierarchy. Of course, all of that becomes moot when we acknowledge that nothing suggests that not being a White Supremacist means that one hates White people. In fact, I would venture to guess that most of the animosity one perceives as being directed toward the Right is reactionary in nature. That hate arises as a result of the contempt and dehumanization that have long been directed toward the demographic groups constituting the Left. I’ve discussed it in the past, but I feel it merits repeating that there is a substantial difference between hating a group of people for who they are versus hating them for what they do. It seems apparent to me that it’s not the American people we’re talking about when it comes to hating America.

Is it the Democratic Republic established by the U.S. Constitution that Trump’s opponents are accused of hating? While the document certainly has its flaws, I’ve witnessed nothing from President Trump’s opponents that indicates widespread disdain for the Constitution. Both major political parties have been routinely accused of violating the Constitution, but only two Presidents in my lifetime have been impeached, and only one of them was impeached twice. And, in less than nine months in office, a total of 138 Executive Actions have been partially or fully blocked, and another 94 remain pending, with only 93 that were allowed to stand. At least ten of those decisions blocking Executive Actions were made by judges who were appointed by Trump himself. While it has largely been ignored, President Trump has clearly and brazenly violated the Foreign and Domestic Emoluments Clauses, breaking with tradition and not divesting himself of his assets and placing them in a blind trust to prevent conflicts of interest. Several State, Federal, and Foreign entities have paid incalculable amounts of money to Trump properties; however, a House Oversight Committee reported that President Trump accepted more than $7.8 Million from 20 Foreign Governments during his first term. To the contrary, Barack Obama requested guidance from the Department of Justice before accepting the Nobel Peace Prize due to the financial component. Of course, no other President has invited the 220 largest investors in a cryptocurrency (that business partners launched just before they took office) to a private dinner. Anyone pretending the Trump Administration isn’t a den of graft and corruption is either lying or wilfully ignorant. It could be argued that there’s hardly a Constitutional Amendment that Donald Trump hasn’t attempted to violate or redefine to suit his desires. To me, this means that his supporters either display a similar disrespect for the Constitution or a level of such ignorance concerning it that their stated appreciation of it would be rendered moot.

Could it be the idealistic American Dream that Trump and his supporters are accusing his opposition of hating so vehemently? Rooted in the Declaration of Independence’s statement that all men are created equal and endowed with inalienable Rights, including Life, Liberty, and the Pursuit of Happiness, the American Dream has long been understood to mean that this is a place where anyone can achieve success and a better life through hard work and determination. I’ve seen no indication that people opposing President Trump are in any way opposed to the American Dream. But it can be clearly ascertained from Donald Trump’s actions that he struggles to redefine “all men” in such a way as to exclude all but those like him. He attacks immigrants (documented and undocumented alike), political opponents, the free press, women, the impoverished, the elderly, the infirm, and anyone who doesn’t subscribe to his revisionist view of the American Dream. Now that he’s openly admitted to adopting the playbook laid out in Project 2025 (though anyone who had read it previously was already aware of this), there’s a clear redefinition of core American Values at the heart of his platform. This is not the behavior of someone who loves the American Dream. These are the actions of someone who hopes to co-opt, manipulate, and convert it until it becomes a vehicle for his personal gain.

I don’t believe there’s any further need to define what is meant by hate in this discourse. It’s readily apparent that Trump and his supporters have no love, appreciation, or respect for the land beyond what they can consume from it. The people of America, unless they subscribe to a particularly rigid philosophy and meet an equally rigid set of physiological and psychological conditions, are not welcome in Trump’s vision of what America should be. The Constitution (and the Government bestowed by it) is an opportune shield when convenient and an obstacle to be shredded when not. The American Dream is perceived as something only an elite class (those who meet the previously discussed conditions) should have access to. This is flagrant disrespect for and contempt of everything we apply as a definition of what makes America, America. Who are these people to accuse anyone else of hating America?

I’ve heard it said that people who fight for equality and equity by pointing to past injustices and the ripple effects present today are guilty of hating America. Recognition of unpleasant and terrible elements within America’s past and present isn’t symptomatic of hatred for the country. Acceptance that we can and should be better is not a condemnation, but a guiding principle that was encoded within the Constitution itself. The purpose of Constitutional Amendments is to correct course where we were wrong or to adjust to changing times and conditions. Our Founding Fathers recognized that they couldn’t see the future and prepare the country for every eventuality, so they provided a method by which that lack of foresight could be accommodated. Condemning the systemic racism still present in all facets of American society isn’t hatred for White people, but a nudge and a reminder that there’s still work to do. We got started, for sure, but then (as a society) we got tired of exerting the effort because it wasn’t as easy as we hoped it would be, or because it was going to require serious structural changes that might inconvenience those of us who weren’t already being constantly inconvenienced by the existing structures. Hiding or erasing shameful truths from the past only serves to make it all that much easier to repeat the same mistakes. You can’t claim to love the country while wearing blinders and intentionally ignoring whole portions of what America is and was. We need to acknowledge the errors we’ve made and take responsibility to keep them from being repeated. We need to speak truth to the lies we’ve told ourselves regarding our place in the world and the lofty ideals we pretend to ascribe to as we impose our will on other nations, as well as the people of this one. We need to come to terms with our treatment of marginalized people of all kinds, here and abroad. That is what loving America looks like: helping her to become the nation we believed her to be when we were children, the nation our Founding Fathers believed she could become, and the nation that people from foreign lands seek to make their home. We can be better, and we should always be progressing ahead while keeping an eye on the past, so the lessons we’ve learned are never forgotten.

I don’t believe this perspective is exclusive to me. I think this outlook is perhaps more widespread, and that people are proud of certain elements of America or American History, while dissatisfied or even disgusted with others. That seems to me to be a reasonable perspective, because America is not just one thing, of course. If this is what someone defines as hating America, I’m afraid I don’t know what the fuck they’re talking about.

We Need To Talk About Portland…

We need to address some serious misconceptions and outright lies that are circulating regarding Portland, OR, and the allegedly embattled Department of Homeland Security. I’ve heard this city referred to as a “War Zone,” “Under siege from attack by ANTIFA, and other Domestic Terrorists.” President Trump claimed he was acting to “protect War Ravaged Portland” when he declared that he would be mobilizing the Oregon National Guard against the wishes of Governor Tina Kotek. Trump’s fictional narrative is so pervasive that right-wing propagandists and Trump supporters are uncritically repeating it left and right, even (and perhaps especially) when provided with evidence that he has no idea what he’s talking about.

If someone (myself included) from Portland shares photos and videos that counter this deluded perspective that the city is a “War Zone,” they’ll be condemned for “Cherry Picking,” and either not sharing evidence of the correct locations, or at the right times. They’ll come back with video clips from FOX News, OAN, Newsmax, or right-wing influencers that selectively focus on moments of conflict, ignoring the context. They also often overlook the fact that several of these videos are from the 2020 BLM protests or from three or four months ago, as is clear from the background, in which one can easily see that the windows of the Portland ICE Facility are not boarded up, as they have been since mid-June of 2025.

I can only assume this disingenuous, bad-faith distribution of selectively edited media is what the President was referencing when he discussed the fires and devastation supposedly in evidence throughout Portland (and especially in proximity to the Portland ICE Facility), because none of that is presently relevant.

Other people will respond by sharing photos and videos of homeless people, tents and litter on the street, graffiti, or people using drugs openly. This, of course, has nothing at all to do with the premise behind President Trump’s deployment of troops and the increase in Federal Law Enforcement in the city. The homeless population, tents on sidewalks, and drug users are not (in any sense) related to the supposed siege of the Portland ICE Facility. It’s the equivalent of an Ad Hominem attack or tossing a Red Herring into the discussion of the city. It’s irrelevant to the conversation at hand, and it ignores the fact that all American cities (including those much smaller than Portland) have homeless individuals and families, drug use, and graffiti.

No one with any intellectual honesty or integrity will deny that Portland has a problem with homelessness. I don’t think I’ve ever heard anyone suggesting otherwise. What they will say is that it’s not worse than other large American cities, which is accurate. As of January 2024, Portland didn’t even crack the Top Ten, and as of this year, Portland is the 28th most populous city in the United States. Denver has only 100,000 more people, but has twice as many homeless people, according to the same numbers from January 2024. Seattle has only about 150,000 more people, but had more than twice the homeless population of Portland last year.

But Portland, Denver, and Seattle combined barely reach half the homeless population of Los Angeles, which is roughly half again the homeless population of New York City.

Homelessness is a complicated issue. The contributing factors are manifold, and the solutions (while comparatively simple) aren’t things anyone in a position to do so wants to seriously address.

Are these National Guard troops and Federal Law Enforcement Officers coming to Portland to address issues like homelessness?

No, they are not.

Which means anyone trying to distract from the topic at hand by tossing that into the mix needs to shut the fuck up and let the adults talk. Bad faith bullshit is not welcome.

So, let’s talk about the alleged assault on ICE that Kristi Noem, Tom Homan, Donald Trump, and others want to claim is taking place.

Before we move on, I’d like to dedicate some time to Kristi Noem, though. I have a relatively unique perspective in that I lived in South Dakota while Kristi Noem served as Governor, and previously as a U.S. Representative, before I moved to the Portland Metro. She was much-maligned by even Conservatives I knew in South Dakota, as a corrupt and undemocratic force in State Government. Of course, that didn’t stop them from voting for her, because she happened to be a Republican.

Noem’s histrionic portrayal of the protests in Portland is not novel. She has a long history of opposing the First Amendment right to Speech and Assembly, stretching back to the protests against the Keystone Pipeline. She was also investigated for Corruption regarding the circumstances surrounding her daughter and the Real Estate Appraisal Licensing system in South Dakota.

Perhaps most egregious, when South Dakota voters passed a Ballot Measure to legalize Recreational Cannabis in 2020, she and two members of Law Enforcement filed a lawsuit to overturn the results of the election, which passed by a margin of 54 to 46%. It’s particularly amusing when you compare it to her Gubernatorial Victory in 2018, of only 51%. The courts sided with Noem and the two Law Enforcement officials, claiming the Ballot Measure violated a “single-subject” provision. Never mind that any Ballot Measures in South Dakota undergo a legal review by the Secretary of State to confirm that they conform to state statutes.

I don’t entirely blame Noem. South Dakota has a history of corruption and anti-democratic practices. It was only two years before she was elected Governor when voters approved an Anti-Corruption measure that would have led to an independent ethics commission, campaign finance reform, restrictions on gifts from lobbyists, and increased transparency regarding campaign contributions. The Governor at the time, Dennis Daugaard, and the State Legislature repealed the Initiated Measure only a few months later, with Daugaard suggesting that voters hadn’t really thought things through.

As you can see, Noem comes from an environment where corruption and undemocratic sentiment run rampant. It should have been a warning sign about the Trump Administration that she would be so readily welcomed into the fold. For some of us, it was. Of course, for many of us, there had already been several warnings.

Placing her in charge of Homeland Security has been an unmitigated disaster, as anyone could predict. But it’s not the disaster she might propose. Since Donald Trump returned to office in January, at least 15 people have died while in ICE Custody. This does not include the two detainees who were murdered by the shooter in Dallas last month. That number also doesn’t include individuals who died shortly (or immediately) after they were released from ICE Custody, nor does it include individuals who have died since being deported or falling victim to the Administration’s new take on Extraordinary Rendition.

But, guess what, a total of zero ICE agents have been killed in that same time frame. This, despite President Trump’s wild claim that people have died in Portland. Unless he’s speaking of unrelated deaths (or deaths from years ago), no one has died as a result of protests happening in Portland. The last death of anyone involved with the Department of Homeland Security (not an ICE agent) was a U.S. Customs and Border Protection agent who was shot on January 20th, during a traffic stop in Coventry, Vermont.

Most recently, the only injury of note was when an ICE officer was dragged by a car driven by an undocumented immigrant attempting to evade him. The immigrant in question was killed; the ICE officer was not.

Still, all the talk from the Administration has been focused on how ICE agents are under attack. But, it certainly sounds like it’s far less dangerous to work for ICE than it is to be taken into their custody.

Noem and Homan like to talk about large percentages when they discuss the increase in assaults on ICE agents. Of course, those numbers are readily subject to scrutiny, because that percentage reported by DHS has fluctuated dramatically, sometimes within hours: 500%, 700%, 1,000%. It’s almost as if they’re just tossing large numbers in front of a percentage sign to appeal to the average person’s inability to contextualize what a percentage increase actually means. A keen observer might notice they’re loading the statements to make people afraid.

Let’s break down how percentage increases work for those of you who need some assistance.

If there were hypothetically only one ICE agent assaulted between January and September of 2024, it would mean that five, seven, or ten had been attacked during the same time frame this year to reach those previously mentioned percentages of 500, 700, or 1,000%. But to say it was ten agents that had been assaulted over the course of an eight or nine-month interval doesn’t have the same dramatic flair to it. Most recently, they’re claiming it’s a more than 1,000% increase, but without providing any actual numbers to contextualize what that percentage means. The real numbers (according to all official records) were something to the effect of ten assaults in 2024 compared to 79 in 2025. This is also far less dramatic than using a percentage increase to trigger an emotional response. After all, we could refer to it as a 790% increase. Which number sounds scarier to you?

Mind you, only a small percentage of these assaults involved protesters, and an even smaller number had anything at all to do with Portland. These attacks are largely coming from people they are detaining.

And, of course, the numbers have spiked. ICE is more active and aggressive, and is utilizing tactics that are absolutely going to increase violent reactions. When masked men with no official insignia are grabbing people and hauling them into unmarked vehicles, it looks more like a kidnapping than anything official or legal. Never mind that there have been several documented incidents this year of people being assaulted, kidnapped, and raped by people pretending to be ICE agents. There’s even one reported killing by a fake ICE officer. Knowing all of this, would you simply accept that this is a legitimate, state-sanctioned detainment?

There’s also the deeply concerning fact that several of the things that constitute assault in the eyes of DHS have been categorically ludicrous in many instances. The official claim was that the New York City Comptroller, Brad Lander, had assaulted agents when he was detained at an Immigration Court proceeding in June, though the available video evidence shows no assault of any kind. Garbage dumped on an ICE agent’s lawn was also one example of “assault” on DHS, while another was a sign that included an individual ICE agent’s name and a great deal of profanity. There was even an incident here in Portland where an Indigenous woman was charged with Assault because an ICE officer claimed to get a headache because she was blowing a whistle on the sidewalk in front of the Portland ICE Facility. Even if those examples were the only questionable ones, they would present a huge issue when discussing relatively small numbers of incidents.

And, of course, it could be argued just as easily that assaults performed by DHS agents have increased by similarly huge percentages, but Noem and Homan are disregarding that. The very real likelihood, though, is that more people are being assaulted by ICE agents than are assaulting them.

Several of these assaults have been without cause or provocation, unless you claim standing in place, holding a sign with mean words on it, and yelling profanities at these masked men constitutes a clear threat. Based on how fragile and sensitive the Administration seems to want us to believe the people working for ICE happen to be, I guess those things might just be adding to the assault statistics.

Of course, all of this escalation on the part of the Administration is a painfully transparent attempt to trigger a response. The same thing was done in Los Angeles earlier this year. The same tactic was also on display during the BLM protests in 2020. President Trump, Kristi Noem, Tom Homan, and others are gambling on the likelihood that increased Federal Agents and the addition of Military Personnel will be sufficient to push the situation past a tipping point. At that point, they will have the flimsy justification required to impose greater Authoritarian control over Portland, Chicago, and wherever else they decide they want to add pressure.

It’s an absurd truth, and one that got Portland’s Mayor, Keith Wilson, laughed at and mocked, but the best thing protesters can do is to refuse to take the bait, to stay home, and to make the Administration look like the scaremongering force it absolutely is. Of course, that may not solve anything, since right-wing agitators have been masquerading as protesters and journalists already. It would hardly be a stretch to imagine them inciting violence just to ensure it adversely impacts their opponents. Some of them also have a documented history of instigating fights, both within the protest groups and as counter-protesters. They also have a history of fabricating violent altercations and even going so far as to start fights just to selectively capture the retaliation on camera for the purpose of furthering their propaganda objectives.

Either way, what we end up with is a situation wherein protesters are expected to behave in a way that is beyond reproach, or they’re condemned for inciting violence. That may sound painfully familiar to anyone who has dedicated time to studying the Civil Rights Movement. But the uniformed individuals who are supposedly trained to de-escalate situations are deploying pepper spray and gas canisters despite the law clearly stating the use of force must be reasonable, necessary, and proportionate. They’re intended to adhere to the same standards required for self-defense on the part of the average person.

In fact, on July 25th, Assistant Chief of Operations for Portland Police Bureau, Craig Dobson testified, “It makes it extremely difficult for us to deal with, as the folks that are on the other side of this fence have been, night after night, actually instigating and causing some of the ruckus that’s occurring down there…” and that DHS agents are not following best practices.

It’s also on record that ICE had been witnessed firing pepper balls on the crowd without any apparent warning or provocation on June 12th. Then, it was back on June 14th when protesters shattered the glass of the front door, subsequently leading to the boarding up of all windows. DHS officials panicked and used indiscriminate force against the protesters at that time. The one ICE agent who was hurt had abrasions and nothing worse. The same kind of disproportionate and indiscriminate attack by ICE agents was documented on June 23rd and 24th, when an ambulance had to be called because a protester was hit in the head with a gas canister. It can get dangerous out there, but the vast majority of the danger is directed at the people exercising their Constitutional Right to protest the actions of the Administration and the Department of Homeland Security.

If someone intends to protest, they need to understand their rights. But that’s not enough; they also need to know the limited power bestowed upon the people they are protesting against. It’s essential to recognize that Department of Homeland Security officers have significant limitations. No one within ICE has the authority to arrest, detain, or restrain any American Citizens. There are several examples of ICE agents violating this explicit limitation in their purview. There are exceptions regarding Citizens who assault an ICE agent or who actively interfere with ICE performing the duties that are within their scope. U.S. Customs and Border Protection officers have fewer restrictions. But a Citizen would have to commit a Federal Criminal Offense in the officer’s presence before they can restrain, arrest, or detain someone. Finally, Federal Protective Services has similar authority to Customs and Border Protection, but its scope is focused on Federal Facilities.

It’s imperative to recognize that, unless a protester is actively breaking the law in some way related to the “work” DHS performs, these officers are not permitted to so much as lay a hand on any Citizen. Assuming the protester has not trespassed onto the Federal Property, damaged the same, assaulted an officer, or obstructed them in their lawful duties, no one working for DHS has any authority to use physical force against the protester.

They can (and should) be sued each and every time they violate the limited authority they have. Further, though I want to be clear that I am not encouraging violence, if someone is attacked by an employee of DHS without provocation, they are well within their rights to defend themselves. Even though they may be wearing uniforms, their authority as Law Enforcement ends the moment they violate the restrictions associated with their role. If someone does fight back (and some would suggest they should), I will offer the same recommendation I’ve received from individuals who specialize in self-defense; if they’re threatened to the extent that they have to defend themselves, they need to make sure it’s safe for them to turn their back on the threat to walk away. The threat can no longer be a threat.

If you find yourself in a situation wherein you have to fight back (and I believe you should), that fight doesn’t end in the street. Keep fighting their attempts to prosecute you for assault as well, because if they’ve stepped outside of bounds, they’re just some asshole, not an actual cop. In Oregon, you’re legally entitled to use physical force if you believe it’s necessary to protect yourself, another person, or your property from Unlawful physical force. You are permitted to use whatever force is proportionate to the perceived threat. Just keep in mind that you cannot be the initial aggressor.