Oregon judge limits federal agents’ tear gas use at Portland ICE protests

Key Takeaways

• A federal judge issued a preliminary injunction curbing DHS agents’ use of tear gas and projectiles at protests near Portland’s ICE facility.
• The order allows chemical and projectile munitions only when an individual poses an imminent threat of physical harm.
• Passive resistance (e.g., trespassing or refusing to disperse) cannot be treated as active resistance to justify force, the court said.
• The ruling follows evidence of OC spray and pepper-ball rounds used on nonviolent protesters and journalists, according to the court.
• It has been reported that the judge granted provisional class certification, potentially extending protections to a broader group of protesters and journalists.

The ruling

U.S. District Judge Michael Simon issued a preliminary injunction restricting the use of crowd-control munitions by federal agents policing demonstrations outside the U.S. Immigration and Customs Enforcement (ICE) building in Portland. A preliminary injunction is a temporary court order that preserves the status quo while a lawsuit proceeds. The case, brought by the ACLU of Oregon on behalf of protesters and freelance journalists, alleges that the Department of Homeland Security (DHS) engaged in retaliatory force that chills First Amendment rights to speech and assembly.

In a written opinion, Judge Simon cited video evidence showing DHS officers spraying OC (oleoresin capsicum) directly into the faces of peaceful protesters and firing pepper-ball rounds and tear gas into crowds. “Defendants’ conduct — physically harming protestors and journalists without prior dispersal warnings — is objectively chilling,” he wrote. DHS has previously stated that its agents “followed their training and used the minimum amount of force necessary to protect themselves, the public, and federal property.”

What’s restricted — and why it matters

Under the order, agents may not deploy chemical agents (including tear gas and pepper spray) or projectile munitions (such as pepper balls) unless someone poses an imminent threat of physical harm. Agents are instructed not to aim such munitions at the head, neck, or torso unless deadly force would otherwise be legally justified. Indiscriminate use of pepper spray that affects bystanders is barred; use must be targeted to people engaged in violent unlawful conduct, active resistance, or used defensively as reasonably necessary. The court emphasized that trespassing, refusing to move, or refusing to disperse are forms of passive resistance — not grounds for treating a person as actively resisting.

For protesters, journalists, and legal observers at ICE-related demonstrations, the ruling tightens the conditions under which chemical agents can be used and clarifies that nonviolent, passive conduct should not trigger such force. It has been reported that the judge also granted provisional class certification, which typically broadens the order’s protections beyond the named plaintiffs. In a separate case, residents of an affordable housing complex across from the ICE facility also obtained restrictions on agents’ use of tear gas.

Wider context

The injunction arrives amid nationwide demonstrations against President Donald Trump’s mass deportation agenda. While the order does not limit ICE’s immigration enforcement authority, it directly affects how DHS (the department that oversees ICE and other federal agents) manages crowd control at protests. For immigrants, advocates, and community members gathering near federal facilities, the ruling may reduce the risk of exposure to chemical munitions during peaceful assembly, though any violent conduct could still prompt force under the court’s criteria.

Source: Original Article