"This week, Portland is planning to file a "land use violation notice" against U.S. Immigrant and Customs Enforcement for alleged zoning violations at an ICE facility in Southwest Portland. The facility is not owned by the federal government - it is leased from a private owner - and is therefore subject to a set of conditions put into place by the city back in 2011. Among those conditions is a prohibition on overnight detention, which ICE has blatantly violated."
"Given its usual scorched-earth approach to everything, the Trump administration will undoubtedly continue to ignore Portland's land-use conditions - and most likely challenge them in court. The question is what the challenge will look like. The administration could simply claim the feds are not subject to local control even though the facility is on leased property from a private property owner. And/or it could challenge Portland's whole land-use regulation regime, most likely in federal court."
Portland plans to file a land use violation notice against ICE for alleged zoning breaches at a Southwest Portland facility. The facility is privately leased and subject to city conditions established in 2011, including a ban on overnight detention that ICE has violated. The city may fine ICE or revisit land use rules; a hearing officer will decide and the decision can be appealed to the City Council and then to the state Land Use Board of Appeals under Oregon law. The federal government is likely to ignore the conditions and may challenge local authority in federal court.
Read at Streetsblog
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