Judge rules federal agents must limit tear gas at protests near Portland ICE building

On Tuesday, a federal judge enacted a temporary measure restricting the use of tear gas by federal officers during protests outside the Immigration and Customs Enforcement (ICE) facility in Portland. This decision follows an incident where agents deployed tear gas on a group of demonstrators, including young children, despite a declaration from the mayor that the gathering was peaceful.

U.S. District Judge Michael Simon, presiding in Oregon, issued an order preventing federal officers from employing chemical agents or projectiles against individuals who do not pose an immediate physical threat, or those who are merely trespassing or ignoring dispersal commands.

Additionally, Judge Simon’s directive bars federal officers from targeting a person’s head, neck, or torso with munitions unless they are legally justified in using lethal force.

In his written statement, Judge Simon emphasized that the nation stands “at a crossroads.”

Federal agents lobbed tear gas and flash bangs at protesters

The actions of federal agents, who used tear gas and flash bangs on protesters at the ICE building in Portland, Oregon, have drawn significant attention. (Photo credit: Allison Barr/The Oregonian via AP)

Judge Simon remarked, “In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated.” He further asserted the crucial role of an impartial judiciary in guiding the nation back to its constitutional principles, underscoring that this duty cannot be neglected.

The temporary restraining order will remain in effect for 14 days, Simon said.

The ruling comes after a lawsuit by the American Civil Liberties Union of Oregon on behalf of protesters and freelance journalists covering demonstrations at the ICE building.

The complaint argues that federal officers’ use of chemical munitions and excessive force represents retaliation against protesters, which violates their First Amendment rights.

The Department of Homeland Security contends that the federal officers have “followed their training and used the minimum amount of force necessary to protect themselves, the public, and federal property.”

“HS is taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters,” DHS spokesperson Tricia McLaughlin said.

Protester dressed in a chicken costume

Jack Dickinson, dressed in a chicken costume, outside an ICE facility in Portland, Oregon. (AP Photo/Jenny Kane)

Tensions between anti-ICE demonstrators and federal officers have intensified in recent weeks in cities across the country, particularly after the shooting deaths of Renee Nicole Good and Alex Pretti in separate incidents last month in Minneapolis.

A federal appeals court last month suspended an earlier decision that banned federal officers from using tear gas or pepper spray against peaceful protesters in Minnesota who are not obstructing law enforcement operations. An appeals court also reversed a ruling from a judge in Chicago that barred federal agents from using certain riot control weapons, including tear gas and pepper balls, unless needed to prevent an immediate threat.

The lawsuit in Oregon describes instances where federal officers used chemical or “less-lethal” munitions against the plaintiffs, which includes a protester known for wearing a chicken costume, a married couple in their 80s and two freelance journalists.

“Defendants must be enjoined from gassing, shooting, hitting and arresting peaceful Portlanders and journalists willing to document federal abuses as if they are enemy combatants,” the complaint reads.

The owner and residents of the affordable housing complex across the street from the ICE building have also filed a lawsuit, seeking to restrict federal officers’ use of tear gas because residents have been repeatedly exposed in the past year.

Tensions between anti-ICE demonstrators and federal officers have intensified in recent weeks in cities across the country. (Victor J. Blue/Bloomberg via Getty Images)

On Saturday, Portland Mayor Keith Wilson demanded ICE leave his city after federal officers deployed tear gas at a crowd of demonstrators outside the agency’s facility. The mayor characterized the protests as peaceful, as federal officers also used pepper balls, flash-bang grenades and rubber bullets against the demonstrators.

“Federal forces deployed heavy waves of chemical munitions, impacting a peaceful daytime protest where the vast majority of those present violated no laws, made no threat, and posed no danger to federal forces,” he said in a statement on Saturday.

“To those who continue to work for ICE: Resign. To those who control this facility: Leave. Through your use of violence and the trampling of the Constitution, you have lost all legitimacy and replaced it with shame. To those who continue to make these sickening decisions, go home, look in a mirror, and ask yourselves why you have gassed children. Ask yourselves why you continue to work for an agency responsible for murders on American streets. No one is forcing you to lie to yourself, even as your bosses continue to lie to the American people,” the mayor continued.

You May Also Like

Subaru recalls over 540,000 SUVs after federal regulators flag weight calculation error

Subaru Recalls 540,000 SUVs Over Weight Capacity Labeling Error

Subaru is recalling more than 500,000 SUVs after federal safety officials found…
Pole dancing mishap leads to water damage in multiple apartment units

Pole Dancing Accident Causes Water Damage Across Multiple Apartments

HOUSTON — A Houston woman’s at-home pole dancing workout took an unexpected…
Arizona murder suspect Dominic Rodolico accused of killing 21 year old Arianna Bailey Jones

Arizona Murder Suspect Dominic Rodolico Accused in Killing of 21-Year-Old Arianna Bailey Jones

What began as a first date arranged on social media ended with…
19-year-old suspect Jacoby Fuselier arrested after allegedly sexually assaulting woman, trying to drown near White Oak Bayou

19-Year-Old Jacoby Fuselier Arrested in Alleged Sexual Assault, Attempted Drowning Near White Oak Bayou

HARRIS COUNTY, Texas — A 19-year-old man has been arrested after authorities…
Elizabeth Warren attacks Kevin Warsh at Senate hearing, floating corruption accusations

Elizabeth Warren Presses Kevin Warsh on Corruption Concerns at Senate Hearing

Sen. Elizabeth Warren sharply confronted Federal Reserve Chairman Kevin Warsh during a…
Tennessee urges Paramount to leave California amid $110 billion merger battle

Tennessee Courts Paramount to Ditch California as $110B Merger Showdown Intensifies

A Republican-led state is mounting a high-profile effort to entice Paramount Skydance…
Warsh vows to tackle inflation in first congressional testimony as Fed chairman

Fed Chair Warsh Pledges Inflation Crackdown in First Congressional Testimony

Federal Reserve Chairman Kevin Warsh used his first appearance before Congress as…
San Gabriel Valley high schooler stabbed to death in street fight

San Gabriel Valley High School Student Fatally Stabbed During Street Fight

A Southern California high school football player who hoped to reach the…
Senate Democrats block must-pass defense policy bill over Iran war objections

Senate Democrats Block Defense Policy Bill Over Iran War Powers Concerns

Washington — Senate Democrats on Tuesday blocked a key procedural step for…
Poetry Society of America chooses most beautiful word in English language

Poetry Society of America Names Most Beautiful English Word

It is, by any measure, an elegant pick. More than 1,000 scholars…
Florida school principals arrested for DUI hours apart after police stop same Jeep twice

Florida School Principals Arrested for DUI Hours Apart After Same Jeep Stopped Twice

Two Florida school principals are facing DUI allegations after authorities say the…
74-year-old becomes Florida's oldest inmate executed after 1982 killing of teen

Florida Executes 74-Year-Old Inmate for 1982 Teen Killing, the State’s Oldest Put to Death

Florida carried out the execution of a 74-year-old man on Tuesday, making…