Raymond Lee says city is committed to keeping the facility open, even as the city works to implement new legislation aimed at holding the feds accountable. by Jeremiah Hayden Despite constant pushback from activists, calls from Port land’s mayor for federal agents to resign, and city councilors passing legislation to hold the federal government accountable, the city’s administrator says Portland is committed to keeping the local Immigration and Customs Enforcement (ICE) facility open. City Administrator Raymond Lee told staff in a February 24 employee town hall meeting that the city is still trying to figure out what its role is in monitoring the ICE building, according to a video of the internal meeting obtained by the Mercury. “I will tell everyone we are committed to that facility staying open,” Lee said. “A lot of our residents, community members who are seeking federal assistance through immigration have to use this facility, and we want to make sure that facility is still an option for people to be able to use. Because if that facility is closed, people have to go across state lines to actually have those services provided.” Immigration attorneys on the ground have maintained that they can respond more quickly and effectively to the local facility when people face deportation than they can once the federal government takes them across state lines to facilities like the processing center in Tacoma. Isa Peña, director of strategy at Innovation Law Lab, told the Mercury that the specific number of people who have regular immigration check-ins at the local ICE facility is unclear, but said the federal government still requires many people to check in there. Lee’s remarks come as residents have repeatedly called on the local government to use what levers it has to stop President Donald Trump’s aggressive immigration enforcement efforts. City councilors and a coalition of organizations sent a letter Thursday, outlining what they wanted to see in new rules dictating how the city enforces violations of a new detention center public nuisance ordinance. Lee sent a temporary administrative rule regarding the impact fee to city leadership Friday morning, according to public records obtained by the Mercury. The temporary rules, effective for 180 days, outline a process if the city finds a violation. A permanent rule will require a public comment period, but the administrator can adopt temporary rules under city code. A group of protesters have repeatedly gathered at City Council meetings, calling on councilors to “revoke the permit” for the ICE facility in Portland. The Council is not currently in a position to do so, but a reconsideration of a land use credential could one day come before the body. Lee’s comments mark the first time a city official has acknowledged a commitment to keeping the ICE facility operational. The administration, for its part, says Portland Permitting and Development is in an administrative review process after it found violations of local land use credentials at the facility, including holding people for longer than they are allowed under local laws. The city sent a notice upholding its determination of those violations on February 13, but protesters have continued calls for accountability. City rules may leave new regulations on detention centers legally vulnerable Lee’s remarks could also add fuel to the fire for critics who say Mayor Keith Wilson and the administration could sabotage efforts to hold the federal government and landlords accountable for the unique health and safety harms their practices inflict on the community. Portland City Council passed an ordinance in December that will regulate landlords who rent their facilities out as detention facilities. But the law still needs to go through a formal rule-making process to determine how much a fine would be for violations, how enforcement works, and other crucial details. After requesting last month that the administrative side of the city’s government expedite implementation of the rules, City Councilors and 16 labor and environmental organizations sent a letter to Wilson and Lee on February 26, outlining what an effective rule should look like to meet the law’s intent.  The temporary rules Lee sent Friday outlined a fee structure for violations. The first offense is listed at $5,000, increasing to $10,000 for the second, and $15,000 for the third. Enforcement and fines only apply to incidents after the effective date of the temporary rule.  “Additional violations after the third offense shall be set at the maximum amount per individual violation allowed by this rule,” the rules state. “Each day of non-compliance may be considered a separate violation and citations can be issued daily for confirmed violations.” Councilor Mitch Green, who cosponsored the detention fee ordinance, told the Mercury February 27 that the city’s temporary rules lack clear definition around what a violation is. He questions whether a violation would be for each tear gas canister used or for each event in which agents respond to protests with force. “I see the temporary rules, and I’ll note that it doesn’t hit the level of specificity that we were hoping for, which you found in our letter,” Green said. “Our offices have engaged with the City admin in the last few weeks to provide that feedback, and this doesn’t quite get there.” Despite councilors’ push for the city’s administrative branch to move swiftly to implement new rules, critics fear the current iteration of the temporary rules could make the law legally vulnerable. They are concerned a judge could ultimately overturn the detention center fee in a legal proceeding for being arbitrary. The February 26 letter city councilors sent asked the administration to allow city staff to do their homework, and develop a permanent rule that will hold up to legal scrutiny. They said the city should implement strong rules dictating how the city responds to violations, how enforcement works, and why certain dollar amounts are attached to violations. Staffers from multiple city bureaus, county departments, and state agencies would research and ultimately decide how to structure the rules, and that work would likely need to be presented to a judge in the instance of a lawsuit. ...read more read less