A federal judge in Oregon has issued new constraints on federal agents’ use of tear gas and other crowd-control munitions during protests at the U.S. Immigration and Customs Enforcement (ICE) building in Portland. The preliminary injunction, issued by U.S. District Judge Michael Simon, arises from a lawsuit filed by the American Civil Liberties Union of Oregon on behalf of protesters and journalists.
The lawsuit, naming the Department of Homeland Security (DHS), claims that the use of chemical munitions infringes on First Amendment rights. Judge Simon’s order follows testimony from plaintiffs, including a demonstrator in a chicken costume, an elderly couple, and two freelance journalists, who reported the use of chemical spray and other munitions against them.
In court, video evidence showed officers using pepper spray directly on nonviolent protesters and firing tear gas and pepper balls into crowds. Judge Simon noted that such actions risk chilling First Amendment rights. The DHS has defended the agents, stating they used minimal force to protect themselves and federal property.
Under the new restrictions, agents are prohibited from using chemical or projectile munitions unless someone poses an imminent threat of physical harm. They may not aim at the head, neck, or torso except when legally justified to use deadly force, and cannot use pepper spray on groups in a manner that affects bystanders. Only those engaging in violent acts or resisting arrest should be targeted.
The ruling also provides provisional class certification, expanding the order to cover all individuals who have protested or reported on demonstrations at the ICE building recently. The injunction will stay in place pending further legal proceedings.