Protester sues US government over tactics outside Portland ICE building

By Troy Brynelson (OPB)
June 5, 2026 7:27 p.m.

Milla Leilani Payne was sprayed in the face with chemical irritants last fall. She called the incident retaliation against her free speech.

Milla Leilani Payne, seen in this video from OPB, filed a lawsuit on June 5, 2026, from an incident that occurred in October 2025 when she was sprayed in the face with an irritant by federal officers as she protested near the ICE building.

Milla Leilani Payne, seen in this video from OPB, filed a lawsuit on June 5, 2026, from an incident that occurred in October 2025 when she was sprayed in the face with an irritant by federal officers as she protested near the ICE building.

Screenshot from video by Brooke Herbert / OPB

A 19-year-old protester who was doused with mace last fall by a federal officer outside the U.S. Immigration and Customs Enforcement building in Portland filed a lawsuit against the U.S. government Friday.

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It’s at least the second lawsuit to stem from the Trump administration’s crackdown on protests outside the ICE building, which reached a fever pitch when President Donald Trump tried to deploy members of the National Guard to the city.

Milla Leilani Payne, who has since turned 20, was sprayed in the face the night of Oct. 2 seemingly in mid-conversation with a trio of federal officers. The officers had ordered protesters off the sidewalk near the ICE building, which had been a regular occurrence during protests.

According to her lawsuit, Payne had been following the officers’ orders while “voicing her objection to the treatment of a fellow protester” to two of the officers. Then, a third officer stepped toward Payne and sprayed her directly in the face.

Payne later told OPB in a December interview that the officer had told her to “step back,” to which she replied, “I’m exactly where you told me to be.”

The officer then counted aloud, “one, two,” before spraying the orange chemical irritant.

In a screenshot from video, Milla Leilani Payne is seen being sprayed in the face with an irritant by federal officers on Oct. 2, 2025 as she protested near the ICE building.

In a screenshot from video, Milla Leilani Payne is seen being sprayed in the face with an irritant by federal officers on Oct. 2, 2025 as she protested near the ICE building.

Screenshot from video by Bennet Haselton

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Cameras followed as Payne staggered away from the scene and screamed in pain. The incident was broadcast on national news and widely circulated.

“It’s all in my throat and my mouth and going down into my stomach. It burns so bad,” Payne recollected to OPB.

Officials from ICE did not immediately respond to a request to comment.

In the lawsuit, Payne called the incident retaliation for her decision to exercise her freedom of speech. She and her attorneys allege the Federal Protective Service officers had been inadequately trained to deal with protesters exercising their constitutional rights.

Payne is seeking $350,000 for the physical pain and emotional distress she said was caused by the incident.

At least one other protester has filed suit over last year’s clashes with federal officials in Portland.

In March, Marine veteran Daryn Herzberg sued the Trump administration over the lasting impacts of being tackled twice by federal officers while he was protesting outside the ICE building.

Footage of one of those tackles surfaced when the state of Oregon sued to block the Trump administration deploying the National Guard. The ICE building’s security cameras showed federal officers using a side exit and running up behind Herzberg before driving him into the sidewalk.

The tactics and training of federal officers in Portland and across the country have come under scrutiny during Trump’s second presidential term. His administration loosened training requirements as it attempted to ramp-up officer hiring and deployment to enact the president’s sweeping immigration agenda.

Homeland Security Secretary Markwayne Mullin told lawmakers this week that training for new federal officers will be brought back up to “regular standards” starting in July.

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