US judge restricts federal use of tear gas at Portland ICE protests News
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US judge restricts federal use of tear gas at Portland ICE protests

A federal judge in Oregon issued a temporary restraining order on Tuesday that limits when federal officers can use tear gas and other less-lethal force against protesters who assembled near a US Immigration and Customs Enforcement facility in Portland, Oregon.

The lawsuit was filed by protesters and freelance journalists represented by the American Civil Liberties Union (ACLU) of Oregon against President Trump, US Department of Homeland Security Secretary Kristi Noem, and the US Department of Homeland Security (DHS). The plaintiffs accused federal officers of using excessive force.

The ruling by US District Judge Michael H. Simon temporarily prohibits federal officers from using less-lethal force, such as tear gas, pepper balls, and rubber bullets, unless there is a real threat of physical harm to the officers and others. The ruling has restricted the use of less-lethal force near the ICE facility in Portland’s South Waterfront neighborhood.

The court ruling was issued because the repeated use of forceful actions against peaceful protesters and reporters was deemed to be very likely to continue in the near future, and the protection of the First Amendment rights of those protesters was deemed to be of strong public interest. In addition, the ruling prohibits the officers from using less-lethal force on the heads, necks, and torsos of the protesters unless the officers have justification to use deadly force, and it prohibits the use of less-lethal force in the form of chemical weapons to order protesters to leave the area.

The court also refused the Defendant’s request to limit the ruling to the named plaintiffs because the restriction of the free speech of other protesters with the use of chemical weapons also applied.

The US Department of Homeland Security defended its actions taken during the protest. Assistant Secretary Tricia McLaughlin said in a statement that “[t]he First Amendment protects speech and peaceful assembly — not rioting,” adding that DHS is taking “appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters.”

The order will expire 14 days after entry unless extended by stipulation of the parties or further order of the court. The court scheduled a hearing on a possible preliminary injunction for March 2, 2026.

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