South Portland’s Gray’s Landing apartment complex is once again under the shadow of federal immigration enforcement after the U.S. Court of Appeals for the Ninth Circuit lifted a lower‑court injunction that barred ICE agents from using chemical munitions near the building.
Court’s reasoning
In its opinion, the appellate panel found that the district court and the plaintiffs did not demonstrate that the substantive due‑process right they claimed is rooted in the Constitution’s text, history, or tradition. The judges concluded that the plaintiffs’ argument was legally insufficient, effectively overturning the earlier ruling that had limited ICE’s ability to deploy tear gas and rubber bullets in the area.
Impact on residents
Jackie Keogh, senior leader of REACH – the nonprofit that owns Gray’s Landing – warned that the decision places residents at risk. “REACH residents were being impacted. Health impacts, stress, inability to work, and so their livelihoods were at risk,” she said. Keogh described how single parents have had to teach children to close windows and wear gas masks, and how grocery‑shopping trips have been interrupted by rubber‑bullet fire.
She also highlighted the presence of 33 military veterans in the building, noting that many came seeking safety but now face ongoing exposure to chemical agents. “They came to these apartments seeking safety. And they were unable to find that given what was going on,” Keogh added.
Costs borne by the community
Since the ICE facility opened nearby, REACH has spent more than $600,000 on security measures, glass replacement, and other protective actions to keep tenants safe. “REACH bore the brunt of this activity purely by being in this location,” Keogh said.
Despite the setback, the nonprofit remains hopeful. Residents plan to install murals on large windows as a healing project, aiming to bring light, energy, and a sense of safety back to the community.
Legal next steps
REACH has indicated it will explore all legal avenues to mitigate the financial burden it has shouldered and to protect its tenants from further harm. The organization is seeking additional counsel and may pursue further litigation to address the costs incurred.
Federal officials from the Department of Homeland Security have not yet responded to requests for comment.
Original reporting: KPTV FOX 12 Portland (news) — read the source article.
