by Shaanth Nanguneri, Oregon Capital Chronicle
November 2, 2026
The Washington County District Attorney’s office will review video footage and police reports related to an early October incident in which a masked federal immigration agent appeared to slash the tire of a car belonging to two U.S. citizens who said they were documenting immigration enforcement activity in the Hillsboro area.
Stephen Mayer, a spokesperson for Washington County District Attorney Kevin Barton’s office, confirmed Monday that the office will review evidence from the Hillsboro Police Department documenting the matter, which took place on Oct. 7.
The incident — which was captured on video that the American Civil Liberties Union released — has drawn condemnation from Democratic politicians, and the U.S. Department of Homeland Security has said it is conducting an internal investigation into the events. The American Civil Liberties Union and its local Oregon chapter have not identified the couple and instead identified them by the initials “A.P and M.P.”
“We have received police reports and video from Hillsboro Police,” Mayer said in a statement. “As with all case referrals, we will review the investigation and applicable law to determine whether the evidence supports criminal charges.”
The move marks some of the strongest action taken to date by local law enforcement in Oregon against the Trump administration’s aggressive immigration crackdown. Local district attorneys in states including Texas, Colorado and Minnesota have filed charges against federal immigration agents over issues such as excessive force and making false statements attempting to justify their actions, but no district attorneys in Oregon have yet filed similar charges against federal agents.
A spokesperson for the Homeland Security Department declined to comment on the potential prosecution but said in a statement that its agents are entrusted with upholding the rule of law and “are trained to use the minimum amount of force necessary to resolve dangerous situations to prioritize the safety of the public and our officers.”
Although Barton signed onto a letter last year with two other Portland-area district attorneys and Oregon Attorney General Dan Rayfield warning the federal government that their agents were not above criminal prosecutions under state law, Mayer also noted that its difficult to prosecute federal agents.
Federal agents have significant criminal immunity for conduct within the scope of their duties. Over the past few decades, federal courts have rarely allowed state-led prosecutions of federal agents. Mayer pointed to the failed prosecution of a federal Drug Enforcement Administration who ran a stop sign in Salem and killed a cyclist in 2023.
Federal courts found that the homicide case by Marion County and the Oregon Department of Justice failed to clear the bar necessary to overcome immunity for federal agents under the U.S. Constitution’s supremacy clause. Rayfield and the Marion County District Attorney’s Office announced earlier this year they would not appeal the case to the U.S. Supreme Court.
“For matters involving potential violations of state laws by federal authorities, federal immunity creates significant challenges,” Mayer said. “This was recently at issue in an unsuccessful Marion County prosecution against a federal agent following a fatal motor vehicle incident with a cyclist.”
The development also deviates from an initial plan announced last year by Rayfield, who vowed to use his agency’s resources at the Oregon Department of Justice to conduct investigations into reports of federal agents violating state law and then forward his findings to district attorneys for consideration for prosecution. Jenny Hansson, a spokesperson for the Oregon Department of Justice, didn’t immediately respond to questions Monday about those dynamics.
She told the Capital Chronicle that the Oregon Department of Justice was aware of the incident captured on video and was in communication with local authorities while they investigate. She said the agency “will take whatever additional next steps are necessary.”
“Oregonians have a right to observe and record law enforcement in public and no one, including federal agents, is above the law,” she said in a statement. “Everyone in our communities deserves to feel safe, and we will continue to stand up for their rights.”
Oregon Capital Chronicle is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oregon Capital Chronicle maintains editorial independence. Contact Editor Julia Shumway for questions: [email protected].