PORTLAND, Ore. – A U.S. military veteran is suing the Department of Homeland Security (DHS) after video captured a federal agent tackling him from behind during a protest outside the Immigration and Customs Enforcement (ICE) facility in South Portland. The footage, recorded on August 13, 2025, has reignited debate over federal tactics in Portland demonstrations.
The Incident on Video
The video shows Daryn Herzberg, holding a portable speaker while standing just off the driveway leading into the ICE facility. Several ICE agents begin walking down the driveway. Suddenly, another agent in tactical gear rushes up from behind, slamming into Herzberg and taking him to the ground as other agents swarm in. Moments later, tear gas is deployed, though the recording does not show what happened afterward.
Herzberg insists he was blindsided.
“I just got hit from behind. I didn’t have any time to think,” he said.
He was cited for “failure to comply” and released shortly afterward but says he has endured lingering pain in his chest and shoulder.
“I get sharp pains when I lay on my left or right side. I can’t sleep very well,” Herzberg said.
A Veteran Turned Protester
Herzberg, who served in Afghanistan, said he began protesting outside the ICE facility in February after concluding that ICE operations in Portland were harming his community.
“I felt like ICE was kidnapping my neighbors, and I wanted to continue serving my country in a different way,” he explained.
For him, protests became an extension of his military service—a way to defend rights and stand up for people he felt were being targeted unfairly.
A Second Incident
Just three days after the first confrontation, Herzberg said he was targeted again. Video recorded from a nearby balcony shows a group of four DHS agents approaching him. Herzberg claims one of the officers told him:
“You’re not talking s**t anymore, are you?”
Following that encounter, Herzberg said he was diagnosed with a concussion, along with cuts, scrapes, and bruises.
“They’re telling us that they’re afraid of us,” he said. “And clearly they are afraid of my voice.”
Filing a Lawsuit
Citing both incidents, Herzberg filed a tort claim against DHS, seeking $150,000 in damages. His lawsuit alleges that his First Amendment rights (free speech and protest) and Fourth Amendment rights (protection against unlawful seizure) were violated.
The claim also points to physical injuries, loss of sleep, and emotional distress caused by the encounters.
“I am not the only one,” Herzberg said. “I am one of many people who have been brutalized out here on the streets. They just happened to catch a good video of it.”
DHS Responds
DHS disputes Herzberg’s account, accusing him of misrepresenting events. In a statement, a senior DHS official described Herzberg as a known agitator:
“The person believed to be in this video is well-known for acts of violence outside the ICE facility in Portland, including throwing rocks and other objects at the building and personnel, agitating other rioters into violent actions, shouting inappropriate phrases and yelling at officers, assaulting officers, refusing to obey commands, and resisting arrest. Furthermore, he has used fake blood to falsify injuries.”
The official added that ICE agents are facing unprecedented threats:
“Our ICE law enforcement is now facing a 1,000% increase in assaults against them. The men and women of ICE put their lives on the line every day to arrest violent criminal illegal aliens to protect and defend the lives of American citizens.”
Herzberg Pushes Back
Herzberg called those claims “bogus.” He denied ever assaulting officers, throwing objects, or fabricating injuries. To support his case, he says he has taken photos documenting his wounds.
“I never attacked anyone. I never threw anything. I didn’t fake injuries. I was tackled from behind and beaten up for using my voice,” Herzberg said.
Broader Context
The clash comes amid ongoing tension in Portland over the role of federal agents in managing protests, particularly around immigration enforcement. Civil rights groups have criticized DHS for what they describe as excessive force and lack of accountability, while federal officials argue they are responding to escalating violence and threats against personnel.
Herzberg hopes his lawsuit will not only compensate him for damages but also encourage other protesters to come forward.
“They want to silence us, but I won’t be silent,” he said. “I want people to know what’s happening out here.”
What Comes Next
The lawsuit will now move through the legal system, potentially bringing more scrutiny to DHS operations in Portland. Whether Herzberg’s case succeeds may hinge on how courts interpret the balance between federal enforcement powers and protesters’ constitutional rights.
For Herzberg, the issue is personal:
“I served my country overseas. I shouldn’t have to come home and be tackled from behind by the government I swore to defend.”
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