A top Portland police official testified on Wednesday, asserting that the deployment of federal forces by then-President Donald Trump exacerbated tensions during protests at a U.S. Immigration and Customs Enforcement (ICE) facility, escalating, rather than mitigating, violence.

Portland Police Bureau Commander Franz Schoening provided his testimony during a federal bench trial. The trial is scrutinizing whether Trump’s decision to send the National Guard to Portland was legally justified, a move that local authorities criticized as both unnecessary and provocative.

During his testimony, Schoening recounted incidents where federal agents used tear gas on demonstrators, whom he described as nonviolent. He called the federal officers’ actions “startling.” Since June, the ICE building had been a key location for ongoing protests.

Schoening noted that federal and state laws restrict police agencies from employing certain tactics used by the federal officers, such as deploying tear gas and other crowd-control munitions. He also mentioned that Portland police officers were affected by the tear gas and had to withdraw from the scene.

In Portland, Oregon, on October 5, 2025, federal agents, including those from the Department of Homeland Security, Border Patrol, and local police, attempted to manage protesters outside an Immigration and Customs Enforcement facility. (Photo by Spencer Platt/Getty Images)

Schoening recounted a larger Oct. 18 protest where a federal agent allegedly launched a munition – either smoke or tear gas – that bounced off the facility’s driveway and landed on the roof, where other agents were stationed. Those agents responded by firing additional rounds into the crowd.

“We didn’t see any violent conduct or behavior that would have precipitated that use of force,” Schoening testified. “It appeared to be triggered by the federal officer’s deployment of that munition. Our officers were in close proximity and were struck by federal munitions.”

U.S. Customs and Border Protection agents standoff against demonstrators as tear gas fills the air outside the U.S. Immigration and Customs building during a protest Saturday, June 14, 2025, in Portland, Ore. (AP Photo/Jenny Kane) (AP Photo/Jenny Kane)

Portland attorney Caroline Turco said the evidence would show that the protests were largely peaceful and did not justify National Guard intervention.

“This case is about whether we are a nation of constitutional law or martial law,” Turco said in opening statements.

The U.S. Justice Department countered that federal personnel had been targeted throughout the summer. DOJ attorney Eric Hamilton argued that “agitators have used violence and threatened violence” against officers and property.

U.S. Border Patrol Agents detain a demonstrator during a protest outside the ICE headquarters in south Portland, Oregon, on Thursday, Oct. 3, 2025.  (Reuters/Carlos Barria)

In a trial brief, the Trump administration accused Portland authorities of being “unhelpful and at times hostile,” and claimed the city’s police repeatedly failed to support federal agents.

“The record is replete with evidence of the PPB failing to provide assistance when federal officials have requested it,” DOJ attorneys wrote.

The administration further argues that it had been forced to reassign Department of Homeland Security agents from across the country to Portland due to the protests.

U.S. Customs and Border Protection agents detain a man outside the U.S. Immigration and Customs building during a protest Saturday, June 14, 2025, in Portland, Ore. (AP Photo/Jenny Kane)

It also argues the Trump administration can call out the National Guard because the president has been unable to enforce the law with regular forces in Portland and has characterized the protests as a “rebellion” or presenting a “danger of rebellion” – both cited as justifications under federal law for National Guard deployment.

The non-jury trial is expected to last three days and will include testimony from federal officials. Local police maintain they have made arrests when necessary while also respecting First Amendment rights.