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

A national justice successful Oregon connected Monday placed caller limits connected national agents’ usage of teardrop state and different crowd-control munitions during protests extracurricular the U.S. Immigration and Customs Enforcement gathering successful Portland.

U.S. District Judge Michael Simon issued a preliminary injunction successful a suit brought by the American Civil Liberties Union of Oregon connected behalf of protesters and freelance journalists. The suit names the Department of Homeland Security and argues that officers’ usage of chemic munitions amounts to retaliation that chills First Amendment rights.

The bid followed a three-day proceeding successful which plaintiffs — including a demonstrator known for wearing a chickenhearted costume, a joined mates successful their 80s and 2 freelance journalists — testified that national officers utilized chemic spray and projectile munitions against them.

In his written opinion, Simon said video grounds submitted successful tribunal depicted officers spraying OC spray into the faces of protesters engaged successful passive absorption and deploying teardrop state and pepper-ball rounds into crowds.

JUDGE RULES FEDERAL AGENTS MUST LIMIT TEAR GAS AT PROTESTS NEAR PORTLAND ICE BUILDING

Federal agents lobbed teardrop state and flash bangs astatine protesters successful beforehand of the ICE gathering connected Jan. 31, 2026, successful Portland, Oregon. (Allison Barr/The Oregonian via AP)

"Plaintiffs provided galore videos, which were received successful grounds and unambiguously amusement DHS officers spraying OC Spray straight into the faces of peaceful and nonviolent protesters engaged in, astatine most, passive absorption and discharging teardrop state and firing pepper-ball munitions into crowds of peaceful and nonviolent protestors," Simon wrote.

"Defendants’ behaviour — physically harming protestors and journalists without anterior dispersal warnings — is objectively chilling."

The Department of Homeland Security has antecedently said that the agents person "followed their grooming and utilized the minimum magnitude of unit indispensable to support themselves, the public, and national property."

A national justice besides ruled to restrict agents' usage of teardrop state successful a abstracted lawsuit brought by the residents of an affordable lodging analyzable crossed the thoroughfare from the ICE building.

This comes amid demonstrations crossed the state against President Donald Trump's wide deportation agenda.

In his ruling, Simon barred agents from utilizing chemic oregon projectile munitions specified arsenic capsicum balls and teardrop state unless idiosyncratic poses an imminent menace of carnal harm. He besides instructed agents not to occurrence munitions astatine the head, cervix oregon torso "unless the serviceman is legally justified successful utilizing deadly unit against that person."

Jack Dickinson, dressed successful a chickenhearted costume, looks to different protesters extracurricular a United States Immigration and Customs Enforcement (ICE) installation successful Portland, Oregon, Monday, Oct. 20, 2025. (AP Photo/Jenny Kane)

Agents are besides prohibited from the usage of capsicum spray against a radical successful an indiscriminate mode that would impact bystanders. Additionally, they indispensable lone people radical who are engaging successful convulsive unlawful behaviour oregon actively resisting arrest, oregon usage it "as reasonably indispensable successful a antiaircraft capacity."

Simon said that trespassing, refusing to determination and refusing to obey an bid to disperse are acts of passive resistance, not progressive resistance.

The justice besides granted provisional people certification, which means his bid covers a broader radical of each radical who person peacefully protested oregon reported connected demonstrations astatine the ICE gathering successful caller months.

The preliminary injunction volition stay successful spot portion the suit proceeds.

Last month, Portland Mayor Keith Wilson called connected ICE to permission the metropolis aft national officers deployed teardrop state astatine a assemblage of demonstrators extracurricular the agency’s building. The politician described the protests arsenic peaceful and criticized national officers’ usage of capsicum balls, flash-bang grenades and rubber bullets.

PORTLAND MAYOR DEMANDS ICE LEAVE CITY AFTER FEDERAL AGENTS USE TEAR GAS ON PROTESTERS: 'SICKENING DECISIONS'

Law enforcement officers look retired from an ICE installation connected Oct. 21, 2025, successful Portland, Oregon. (Jenny Kane/AP)

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"Federal forces deployed dense waves of chemic munitions, impacting a peaceful daytime protestation wherever the immense bulk of those contiguous violated nary laws, made nary threat, and posed nary information to national forces," helium said successful a connection astatine the time.

"To those who proceed to enactment for ICE: Resign. To those who power this facility: Leave," helium said, accusing national officials of "trampling the Constitution."

The Associated Press contributed to this report.