Delayed court appearances for ICE protesters becoming ‘an issue,’ says defender

Two days after her arrest outside Portland’s U.S. Immigration and Customs Enforcement building, Lisa Miyamoto made her first appearance in federal court on an allegation she assaulted a federal officer.

Miyamoto was arrested about 10:25 p.m. Sunday, held two nights at the Columbia County Jail in St. Helens and then stood before a magistrate judge Tuesday afternoon in U.S. District Court in Portland.

Assistant Federal Public Defender Chandra Peterson said the nearly 48-hour wait “is not the Oregon way.”

Officers making an arrest must take the accused “without unnecessary delay” before a magistrate judge, according to federal law. That typically occurs within 24 hours.

“I feel like it’s becoming a bit of an issue,” Peterson told U.S. Magistrate Judge Jolie A. Russo.

Miyamoto, 56, was at least the third person arrested in recent weeks on federal charges in protests outside the ICE field office who have had to wait two to three days before they see a judge.

Miyamoto’s two sons, ages 15 and 17, were left without another adult and had no idea why their mother hadn’t returned and weren’t yet savvy enough to check jails or hospitals, Peterson said. Peterson said her office was able to contact the children Tuesday morning.

Last week, another woman – Oriana Korol, a member of the Unpresidented Brass Band that was playing across the street from the ICE building – was held in the Clark County Jail in Vancouver for three nights before she made her first appearance in federal court in Portland.

She has been charged with allegedly interfering with federal officers as they rushed into the band to arrest someone else.

In Miyamoto’s case, Russo said she wasn’t sure what she could do but would share the defense lawyer’s concern with her colleagues on the bench.

Magistrate judges might share the office’s concerns with the U.S. Attorney’s office, which could direct federal law enforcement to make sure people arrested on federal allegations are brought to court quickly.

Officials with Oregon’s U.S. Attorney’s office and U.S. Immigration and Customs Enforcement have not responded to questions on what may be causing the delays.

Miyamoto is accused of assaulting a Federal Protective Service inspector Sunday night after the officer appeared to ask Miyamoto to step back from the driveway of the ICE building on South Bancroft Street, according to a federal affidavit unsealed Tuesday.

As a line of federal officers moved forward, another Federal Protective Service inspector pushed Miyamoto back from the driveway with one hand and continued walking toward her when Miyamoto struck the officer in the chest with a wooden Celtic-style tambourine, the affidavit said.

Miyamoto had been standing on the edge of the driveway, according to video surveillance images included in the affidavit.

The officer who told Miyamoto to move back said she responded, “Where am I supposed to go?”

Multiple officers arrested Miyamoto at that point, according to the affidavit.

According to Miyamoto’s lawyer, more than a dozen federal officers tackled her and she suffered a shoulder injury and bruising on her arms.

While Miyamoto was held in Columbia County Jail for two nights, she was unable to call out because the special PIN number she received to use the jail phones didn’t function, Peterson said. When she complained about the non-functioning PIN, jail officials did not provide her with a different one, Peterson said.

Miyamoto also had no access to five or six medications that she takes, Peterson said. On Monday, when Miyamoto was able to see medical staff in the jail, her blood pressure was elevated, Peterson said. She also had not eaten since Sunday because the jail had no kosher food options at the jail, the lawyer said.

The judge ordered Miyamoto’s release from custody Tuesday afternoon pending trial, with the condition that she not return to a designated area around the ICE building.

She is the 36th person arrested on a federal misdemeanor or felony charge stemming from an encounter with federal officers outside Portland’s ICE facility since June.