US federal agents (FPS, ICE, DEA, TSA and Customs and Border Patrol (CBP)) in camouflage uniforms without identification and carrying military weapons, serving under the direction of the Department of Homeland Security by authority of an Executive Order issued by the president, are detaining and removing unarmed and non-violent protestors from Portland streets in unmarked vans. This includes detaining and removing people well away from federal property and protest locations, which is ostensibly the reason for their deputisation and deployment. DHS says it will not only continue to use these agents in Portland but expand their use in other (Democratic governed) cities and states.
The legal justification for this unprecedented move is that the Federal Protective Service (FPS) is responsible for protecting federal property such as court houses, post offices, local branches of federal agencies (say, US Park Service) and even monuments. It can request support from other federal security agencies when needed. The US Drug Enforcement Agency (DEA) has nation-wide jurisdiction. CBP has jurisdiction within 100 miles of any border, and Portland is located approximately 80 miles from the Pacific coast. The US Immigration and Customs Enforcement agency also has nation-wide jurisdiction. The Transportation Security Administration has nation-wide jurisdiction at transportation hubs. CBP and ICE are notorious for harbouring zealous MAGA partisans in their ranks, and the federal forces deployed to Portland are not indigenous to Oregon, so are, in their minds, operating in an “alien” hostile environment. Under the Executive Order, ICE, DEA, TSA and CBP are operating in support of the FPS in Portland. The DHS is the parent department for all of these agencies, and maintains that although the armed officers and the vehicles they are using in their operations lack overt forms of identification, they have discrete identifiers that satisfy legal requirements.
Although the Oregon governor and Portland mayor object to the deployment of federal agents in this capacity, they have no power under federal or state to stop it. What this amounts to is a federal takeover of local law enforcement duties without the agreement of the duly constituted authorities of the jurisdiction in which federal forces are deployed, and without the majority consent of the people who live in that jurisdiction.
For those of us who remember the Argentine “dirty war” and the role of unidentified men in unmarked Ford Falcons in the “disappearance” (desaparicion) of thousands of people, this is a chilling and sinister development. It is particularly so because unlike Argentina there are no armed guerrilla groups seriously challenging government authority in Portland or elsewhere, especially from the Left. For all the rightwing talk of Antifa being a threat, they are neither heavily armed or organised as effective guerrilla fighting units. Instead, what irregular militias exist in the US today are predominately rightwing supporters of the president and his political project who reject government authority because it is ostensibly part of the “Deep State” and who have histories of violence in support of their beliefs.
Here there is another parallel with the Argentine “dirty war.” In the years leading up and then during the early days of the dictatorship that came to be known as the “Process” (Proceso), rightwing death squads roamed the country with impunity, targeting “subversives” and other “undesirables” with murderous vigilante justice. The death squads were both a complement to and a justification for the official repression meted out by the unidentified men in Ford Falcons, whose uniforms were grey suits and black ties. After all, with murderous bands of unidentified armed men stalking the streets, the State needed to step in to restore order.
In Portland and elsewhere in the Pacific Northwest there is a very active alt-Right/white supremacist community that is armed and has a history of street level violence. They are particularly active in Portland, and are widely believed to have sympathisers within the Portland police, who in turn have shown a disturbing propensity to resort to violent crowd control methods even when confronted wth peaceful protests. Now, the Portland police and these rightwing militias have a third arm in the guise of the unidentifiable federal security forces being deployed in that city. The federal forces and Portland police may have different legal status than the rightwing extremists, but their objectives vis a vis BLM and other peaceful protests are the same: brute intimidation and suppression by force.
Put in broader terms, the rule of law is disappearing in parts of the US because, although they cloak themselves in a legal mantle, those who enforce the law no longer believe in it and prefer to ally with violent non-state groups who share a similar ideological agenda. That mindset is now evident at the federal level.
A tipping point is rapidly approaching.