The Washington County District Attorney's Office is reviewing whether to file criminal charges against a federal immigration agent who allegedly slashed a Hillsboro couple's tire on Oct. 7.

Stephen Mayer, a spokesperson for District Attorney Kevin Barton, confirmed the review on Monday, Nov. 2, according to the Oregon Capital Chronicle, which first reported the development. The office will examine video footage and police reports from the Hillsboro Police Department documenting the encounter.

The Capital Chronicle reported that the move represents some of the strongest action taken by local law enforcement in Oregon against the federal immigration crackdown. No Oregon district attorney has yet filed criminal charges against a federal agent, though DAs in Texas, Colorado and Minnesota have done so over issues such as excessive force, the Chronicle reported.

What happened Oct. 7

A masked federal Immigration and Customs Enforcement (ICE) agent appeared on video to stab the right rear tire of a car belonging to two U.S. citizens who said they were documenting immigration enforcement activity in the Tanasbourne area, according to an ACLU complaint filed Oct. 29.

The couple spotted what they recognized as an ICE vehicle near Tualatin Valley Highway and Cornelius Pass Road around 6:45 a.m. and followed it to the Safeway parking lot at Tanasbourne Village, where at least five agents were present, the Hillsboro News-Times reported. The couple stayed in their car, photographing agents and honking their horn.

According to the ACLU complaint, three ICE vehicles then followed the couple onto Northwest 185th Avenue, driving aggressively. Near 185th Avenue and Walker Road, one vehicle pulled in front of the couple's car and turned sideways to block them.

The couple eventually stopped at a traffic light on Cornell Road, where the complaint alleges a masked agent pulled a knife from his vest and stabbed the tire twice. The agents never issued instructions, attempted an arrest or cited the couple for any wrongdoing, the complaint states. They drove away.

The couple called 911. Hillsboro police Officer Seth Honl arrived around 7:15 a.m. and took statements. His supervisor later instructed him to return and photograph the punctured tire, according to the complaint.

Immunity poses a hurdle

Mayer acknowledged the legal difficulty of prosecuting federal agents, the Capital Chronicle reported. Federal agents have significant criminal immunity for conduct within the scope of their duties under the U.S. Constitution's supremacy clause.

Mayer pointed to a failed Oregon prosecution of a federal Drug Enforcement Administration agent who ran a stop sign in Salem and killed a cyclist in 2023, the Chronicle reported. Federal courts found that case did not clear the bar to overcome federal immunity. Attorney General Dan Rayfield and the Marion County DA's Office announced earlier in 2026 they would not appeal to the U.S. Supreme Court.

Federal and state responses

The Department of Homeland Security (DHS) said the incident is under investigation. A DHS spokesperson declined to comment on the potential prosecution but said in a statement that agents are trained to use the minimum amount of force necessary, according to the Capital Chronicle.

Oregon's congressional delegation is also pressing the case. U.S. Rep. Suzanne Bonamici and Sens. Ron Wyden and Jeff Merkley sent a letter Nov. 2 to the DHS inspector general demanding an investigation into the Hillsboro incident.

Jenny Hansson, a spokesperson for the Oregon Department of Justice, told the Capital Chronicle the agency was aware of the incident and in communication with local authorities. She said the agency "will take whatever additional next steps are necessary."

Hillsboro police confirmed Oct. 30 that officers investigated the encounter, documented it in a police report under case number 26-19170 and forwarded the report to the DA's office. Lt. Kevin Harrison said the department also tried to contact the local ICE office but received no response.

Residents who witness federal immigration enforcement activity can report it through the city's public tracking webpage or by calling 911.