PORTLAND, Ore. — A judge in Oregon has temporarily restricted federal officers from employing tear gas during protests outside the U.S. Immigration and Customs Enforcement (ICE) building in Portland, shortly after law enforcement used gas against a peaceful crowd that included young children.
U.S. District Judge Michael Simon issued an order prohibiting the use of chemical or projectile munitions unless the individual targeted poses an imminent threat of physical harm. Furthermore, the judge stated that federal officers must avoid firing munitions at the head, neck, or torso unless they are justified in using deadly force. This temporary restraining order is effective for 14 days.
In his ruling, Simon emphasized the importance of free speech and peaceful protest within a constitutional democracy, highlighting the judiciary's role in upholding these principles. He stated, The nation is now at a crossroads... In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated.
ACLU Lawsuit Sparks Judicial Action
The ruling stemmed from a lawsuit filed by the ACLU of Oregon on behalf of protesters and freelance journalists, asserting that federal officers' use of chemical munitions constitutes retaliation that infringes on First Amendment rights.
The lawsuit names the Department of Homeland Security along with its head and President Trump as defendants. The department claimed that its officers have adhered to training protocols and used the minimum force necessary for protection and to maintain order.
Critics argue that federal actions stifle legitimate protest, as demonstrated in testimonies that describe physical confrontations, including instances where peaceful demonstrators were subjected to tear gas and pepper balls.
Judicial Review in Other States
Similar legal challenges to federal agents' use of chemical munitions have emerged across the country. Recent court proceedings in Minnesota have dealt with limitations on tear gas and pepper spray use against non-threatening protesters.
In Portland, the complaint highlights disturbing incidents where attendees, including an elderly couple and notable protesters, faced chemical munitions during peaceful demonstrations.
Portland Mayor Keith Wilson publicly condemned the use of tear gas, describing a recent event as a “peaceful daytime protest where those present violated no laws.” He called for the removal of ICE from the city and urged federal agents to reflect on their use of force against citizens.
The protests at the ICE building represent a broader wave of nationwide demonstrations against federal immigration policies, with participants expressing their dissent against actions perceived as oppressive and harmful to community members.
