Sep 10, 2025 minute read

The United States Department of Justice has charged an anti-ICE protester accused of assaulting a federal officer during the ongoing 24-hour occupation outside the US Immigration and Customs Enforcement (ICE) facility in South Portland.

Devin Patrick Montgomery, 49, of Portland, allegedly spat in a federal officer’s face after he was detained for illegally operating an unmanned aircraft system (drone) above the ICE facility, according to the Department of Justice. He has been charged by criminal complaint with the felony offense of assaulting a federal officer, and was arraigned on Monday at the Mark O. Hatfield federal courthouse in Portland.

The Department of Homeland Security’s Federal Protective Service (FPS) observed Montgomery operating a drone above and around the ICE facility on Macadam Avenue, which is a temporary flight restricted area. The FPS advised Montgomery that the Federal Aviation Administration (FAA) imposed such restrictions, but Montgomery refused to comply with the officer’s instructions and continued operating the drone, according to a press release from the US District Attorney’s Office in Oregon.

Montgomery became “belligerent” when several federal officers approached him about the matter, allegedly cursing at them and falsely claiming that he could operate the drone wherever he pleased. Due to his failure to comply, officers took him into custody for questioning. After his arrest, “Montgomery spit in an officer’s face,” the press release states.

Video footage of Montgomery’s arrest was shared on social media, which shows that the defendant refused orders not to fly a drone and was verbally aggressive with officers. It took several officers to take him into custody. Protesters, many of whom are involved with Antifa networks, harassed the federal agents when they approached Montgomery for questioning, video shows.

Since the anti-ICE occupation began on June 7, the US Department of Justice has charged 26 protesters with a variety of criminal offenses committed at the ICE facility, including assault on a federal officer, assault on a federal officer causing bodily injury, arson, possession of a destructive device, and depredation of government property, according to court records.

Several incidents include serious acts of violence, such as attempting to impale a federal officer in the head with a large knife and throwing a boulder-sized rock at an ICE agent’s head within an arm’s length distance. According to court records, 16 of the defendants have been charged with assault on a federal officer, a crime punishable with significant jail time.

Additionally, Department of Homeland Security (DHS) sources told The Post Millennial that 109 citations have also been issued, which puts protesters at risk of being unable to return to the facility to protest.

Montgomery was released from custody on Monday pending further court proceedings. The charge carries a sentence of up to eight years in prison if convicted.

Due to the ongoing unlawful acts committed during the demonstrations outside the ICE facility, President Donald Trump has threatened to deploy the National Guard to quell the protests, many of which turn into unlawful assemblies. The Portland Police does not respond to the area, citing low staffing levels and sanctuary city policies, which have created a lawless zone within a roughly 4-block perimeter.

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