Portland, Oregon
In Oregon, a federal judge on Monday restricted the use of tear gas by federal agents during protests at the U.S. Immigration and Customs Enforcement (ICE) building in Portland, in response to a lawsuit filed by the ACLU of Oregon on behalf of protesters and freelance journalists.
Release Date
03/10/2026
U.S. District Judge Michael Simon issued the preliminary injunction after a three-day hearing in which the plaintiffs, including a protester known for dressing up as a chicken, an elderly couple in their 80s, and two freelance journalists, testified about the use of chemical munitions or projectiles against them. They also say that the use of such munitions by federal agents constitutes retaliation against the protesters that violates their First Amendment rights. “The plaintiffs submitted numerous videos, which were admitted as evidence, that unequivocally show DHS agents spraying OC gas directly into the faces of peaceful, nonviolent protesters who were passively resisting, discharging tear gas, and firing pepper ball munitions into crowds of peaceful protesters.
“The defendants’ conduct of physically harming protesters and journalists without prior dispersal warnings is objectively chilling.”
DHS did not immediately respond to a request for comment. In previous statements, it asserted that federal agents followed their training and used the minimum force necessary.
Judge Simon had previously issued a temporary restraining order similarly limiting the use of chemical munitions by federal agents during the protests at the ICE building. His preliminary order is the second in recent days restricting the use of tear gas by agents at the facility, following one issued by a federal judge overseeing a separate case brought by residents of an adjacent affordable housing complex.
The aggressive tactics Federal agents’ crowd control tactics are raising concerns as protesters in cities across the country demonstrate against the Trump administration’s crackdown on immigration measures.
In his order on Monday, Simon restricted federal agents’ use of chemical munitions or projectiles, such as pepper spray and tear gas, unless someone poses an imminent threat of physical harm. He also ordered agents not to fire munitions at the head, neck, or torso “unless the agent is legally justified in using deadly force against that person.”
Furthermore, agents cannot indiscriminately use pepper spray against a group, affecting bystanders who are not involved, even though the ICE building is located in a residential area. They should only target individuals engaged in violent illegal conduct or actively resisting arrest, or use it “when reasonably necessary in self-defense,” Simon wrote. He specified that trespassing, refusal to move, and refusal to obey are grounds for using pepper spray. A dispersal order constitutes passive, not active, resistance.
Judge Simon also granted provisional class certification, meaning his order covers a broader group of those who have peacefully protested or reported on demonstrations at the ICE building in recent months. The preliminary injunction will remain in effect while the lawsuit is pending.
