A federal judge in Oregon on Monday issued a preliminary injunction limiting the use of tear gas and other crowd-control munitions by federal agents during protests outside the U.S. Immigration and Customs Enforcement building in Portland.
U.S. District Judge Michael Simon granted the injunction in a lawsuit filed by the American Civil Liberties Union of Oregon on behalf of protesters and freelance journalists. The suit accuses the Department of Homeland Security of retaliating against peaceful protesters by using chemical munitions, which the plaintiffs say chills First Amendment rights.
The ruling follows a three-day hearing in which witnesses, including a demonstrator in a chicken costume, an elderly couple, and freelance journalists, testified that federal officers used chemical spray and projectile munitions against them. Video evidence presented in court showed officers spraying OC spray into protesters’ faces and deploying tear gas and pepper-ball rounds into crowds, according to Simon’s written opinion.
Simon stated the evidence clearly demonstrated that DHS officers physically harmed protesters and journalists without prior warnings, describing the conduct as “objectively chilling.” He ordered that agents cannot use chemical or projectile munitions unless there is an imminent threat of physical harm. The order also restricts firing munitions at the head, neck, or torso unless deadly force is justified, and prohibits indiscriminate pepper spray use against groups affecting bystanders.
Additionally, the judge clarified that acts such as trespassing or refusing to obey dispersal orders are passive resistance, not active. The injunction extends to a broader group of peaceful protesters and reporters involved in demonstrations at the ICE building in recent months. It will remain in effect as the lawsuit continues.
The ruling follows Portland Mayor Keith Kullwitt’s call last month for ICE to leave the city, condemning federal officers’ use of tear gas, pepper balls, flash-bang grenades, and rubber bullets during protests he described as peaceful. Kullwitt criticized the federal actions as unconstitutional and urged them to resign or leave.
Jon Ross Myers is the executive editor and publisher of the Mississippi News Network, Mississippi's largest digital only media company. He can be reached at editor@tippahnews.com
