"Well, what you’re referring to is Portland, and 40 U.S. Code 1315 gives DHS the ability to deputize officers in any department or agency, like ICE, Customs and Border Patrol, and the Secret Service,” McEnany replied. “Quote, ‘as officers and agents,’ they can be deputized for the duty of in connection with the protection of property owned or occupied by the federal government and persons on that property, and when a federal courthouse is being lit on fire, commercial fireworks being shot at it, being shot at the officers, I think that that falls pretty well within the limits of 40 U.S. Code 1315.”
Karl then questioned, “Does he see limitations to that power? How far does that power extend into the streets of the city of Portland?”
“Under the law we believe that agents can conduct investigations of crimes committed against federal property or federal officers, and in the case where you have someone shooting off a commercial-grade firework and then running across the street, we don’t believe that that extends past our jurisdiction,” McEnany concluded.
