Federal judge blocks agents’ use of tear gas at Portland ICE building protests
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A federal judge in Oregon on Monday imposed new restrictions on the use of tear gas and other crowd-controlled weapons during protests outside the US Immigration and Customs Enforcement building in Portland.
US District Judge Michael Simon issued the preliminary injunction in a lawsuit filed by the American Civil Liberties Union of Oregon on behalf of protesters and independent journalists. The lawsuit names the Department of Homeland Security and says the officers’ use of chemical weapons amounts to retaliation that undermines First Amendment rights.
The order followed a three-day hearing in which the plaintiffs – including a protester known for wearing a chicken costume, an 80-year-old married couple and two freelance journalists – testified that government officials used chemical spray and projectile ammunition against them.
According to his written opinion, Simon said video evidence presented to the court showed officers spraying OC in the faces of protestors who were protesting against throwing tear gas and pepper balls into the crowd.
JUDGE RULES FEDERAL AGENTS SHOULD LIMIT FUEL GAS IN BIKES NEAR PORTLAND ICE BUILDING
Federal agents fired tear gas and flash bangs at protesters in front of the ICE building on Jan. 31, 2026, in Portland, Oregon. (Allison Barr/The Oregonian via AP)
“Plaintiffs have provided numerous videos, which have been admitted into evidence and show unequivocally that DHS officers sprayed OC Spray directly into the faces of peaceful and non-violent protesters who were protesting the use of tear gas and pepper ball weapons into crowds of peaceful and non-violent protesters,” Simon wrote.
“The behavior of the defendants – harming protesters and journalists without prior dispersal warnings – is deplorable.”
I Department of Homeland Security previously said agents “followed their training and used the minimum amount of force necessary to protect themselves, the public, and agency property.”
The judge also ruled to limit the use of tear gas agents in a separate lawsuit brought by residents of an affordable housing complex across the street from the ICE building.
This comes amid protests across the country against President Donald Trump’s mass deportation plan.
In his decision, Simon prohibited agents from using chemical or projectile weapons such as pepper balls and tear gas unless someone poses a threat of physical harm. He also instructed agents not to fire weapons at the head, neck or chest “unless the officer has a legitimate reason to use deadly force against that person.”
Jack Dickinson, dressed in a chicken costume, looks at other protesters outside the United States Immigration and Customs Enforcement (ICE) facility in Portland, Oregon, Monday, Oct. 20, 2025. (AP Photo/Jenny Kane)
Agents are also prohibited from using pepper spray on the team in an indiscriminate manner that could affect bystanders. Additionally, they must only target people who engage in violent illegal behavior or resist arrest, or use it “as necessary for self-defense.”
Simon said that jumping, refusing to move and refusing to obey the order to disperse are acts of passive resistance, not active resistance.
The judge also granted temporary class certification, meaning his order covers a broad group of all the people who have peacefully protested or reported protests at the ICE building in recent months.
The original decision will remain in place during the trial.
Last month, Portland Mayor Keith Wilson asked ICE to leave the city after federal officials fired tear gas into a crowd of protesters outside the agency’s building. The mayor described the protests as peaceful and condemned the use of pepper balls, flash-bang grenades and rubber bullets by government officials.
PORTLAND MAYOR WANTS COACH TO LEAVE CITY AFTER FEDERAL AGENTS USE SPACE GAS ON PROTESTERS: ‘SICK DECISIONS’
Law enforcement officials look at an ICE facility on Oct. 21, 2025, in Portland, Oregon. (Jenny Kane/AP)
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“The military used large waves of chemical weapons, which contributed to the peaceful demonstration during the day where most of the participants did not break the law, did not pose a threat, and did not pose a threat to the forces,” he said in a statement at the time.
“To those who continue to work for ICE: Stop it. To those who control this agency: Go,” he said, accusing government officials of “trampling on the Constitution.”
The Associated Press contributed to this report.
