The top local prosecutor in the Portland area is cautioning against “unreasonable expectations” for his ability to charge federal agents using state law, after signing onto a statement last week warning the Trump governance that its officers could be held accountable for excessive force.

The district attorneys in Oregon’s three most populated counties and Oregon Attorney general Dan Rayfield stood in unison last week when they signed onto a letter warning the Trump administration that they were monitoring reports of excessive force by federal agents with the goal of perhaps bringing charges forward should the issue persist. Rayfield, alongside Multnomah County district Attorney Nathan Vasquez, Washington County district Attorney Kevin Barton and Clackamas County District Attorney John Wentworth, requested cooperation from the federal government in Oregon’s investigations. 

The attorneys pointed to instances of disproportionate use of force through tear gas and nonlethal munitions by agents with the U.S.Department of Homeland Security during protests outside the Portland waterfront Immigration and Customs Enforcement processing facility. They also referred to federal agents from an unmarked van in October holding teenagers at gunpoint by a Hillsboro Dutch Bros coffee stand and the November arrest of a 17-year-old U.S. citizen during his lunch off-grounds from McMinnville High School. 

“Under normal circumstances, state officials would defer the investigatory process of the federal government for actions by its agents and employees,” the letter reads. “But the excessive actions DHS agents are taking against residents of oregon, including local law enforcement officials, indicate these times are not normal circumstances.”

For Vasquez, however, the letter marked a turning point in his public comments on the issue. Citing the U.S. Constitution’s supremacy clause,which allows for federal law to supersede conflicting state laws,he told the Capital Chronicle in late October that federal agent prosecutions are “not a tool available to do so even as I strongly disagree with what I see and hear about the impact of their action.”

The letter Vasquez signed onto last week, though, asserts that the supremacy clause only allows for federal officers to be immune from state criminal prosecutions “in the reasonable discharge of their duties and not beyond.” Rayfield told the Capital Chronicle that he is currently reviewing incidents and considering referrals to send to local prosecutors.

“Federal authority is not absolute. Immunity exists in some circumstances, yet the law is clear that it does not bar prosecution in every situation,” Rayfield said in a statement. “When there is credible evidence that someone has abused their power, it is indeed our responsibility to investigate. That’s what our team is doing – carefully, thoroughly, and within the bounds of the law investigating.”

Oregon Attorney General Argues DEA Agent Not Immune in Fatal bike Crash

Oregon Attorney General Ellen Rosenblum is arguing that a DEA agent is not immune from a wrongful death lawsuit stemming from a fatal bicycle crash in Portland. The case involves a collision between the agent’s vehicle and a cyclist, leading to the cyclist’s death.

The state argued against the dismissal of the lawsuit on appeal before a 9th Circuit Court of Appeals panel. However, two judges expressed skepticism in October about the state’s arguments.

Is Unmasking unlikely?

Charging federal agents presents challenges, including identifying the individuals involved, who ofen wear masks and may not reside in Oregon.

A similar obstacle arose in a 2020 case where the multnomah County District Attorney’s office investigated the shooting of a protester who sustained a permanent head injury. Although the U.S.Department of Justice reached a settlement with the injured protester in February 2025, the agency did not disclose the identity of the U.S. Marshals Service agent who fired the less-lethal munition.

Former Multnomah County District Attorney Mike Schmidt believes oregon law enforcement could enhance deterrence regarding the use of force by federal agents. he noted that the Multnomah County District Attorney’s office has investigators capable of examining such cases. Activists have already utilized artificial intelligence to identify ICE agents nationally, and Schmidt suggests that initiating investigations or publicly acknowledging a lack of cooperation could be impactful.

“Writing a letter and saying it to ICE and DHS, I guarantee you, does not have them shaking in their boots,” Schmidt said.