Federal judge restricts agents’ use of tear gas at Portland ICE building protests

A federal judge in Oregon on Monday imposed new limits on federal agents’ use of tear gas and other crowd-control munitions during protests outside the U.S. Immigration and Customs Enforcement building in Portland.

U.S. District Judge Michael Simon issued a preliminary injunction in a lawsuit filed by the American Civil Liberties Union of Oregon on behalf of protesters and freelance journalists. The lawsuit names the Department of Homeland Security and argues that the officers’ use of chemical munitions amounts to retaliation that limits First Amendment rights.

The decision followed a three-day hearing in which plaintiffs, including a demonstrator known to have worn a chicken costume, a married couple in their 80s, and two freelance journalists, testified that federal officers used chemical spray and live ammunition against them.

In his written opinion, Simon said video evidence presented to the court showed police officers sprayed OC spray into the faces of protesters engaging in passive resistance and fired tear gas and pepper spray into the crowd.

JUDGE ORDERS FEDERAL AGENTS SHOULD LIMIT WHITE GAS AT PROTESTS NEAR PORTLAND ICE BUILDING

“Plaintiffs presented numerous videos taken into evidence that clearly show DHS officers spraying OC Spray directly into the faces of peaceful and nonviolent protesters who, at best, engaged in passive resistance and fired tear gas and pepper spray into crowds of peaceful and nonviolent protesters,” Simon wrote. he wrote.

“The defendants’ conduct in physically harming protesters and journalists without prior warning to disperse is objectively chilling.”

Department of Homeland Security He has previously said agents “followed their training and used the minimum amount of force necessary to protect themselves, the public and federal property.”

A federal judge also ruled to restrict agents’ use of tear gas in a separate lawsuit filed by residents of an affordable housing complex across the street from the ICE building.

This comes amid nationwide demonstrations against President Donald Trump’s mass deportation agenda.

In his decision, Simon prohibited agents from using chemical or projectile munitions, such as pepper spray and tear gas, unless someone posed an imminent threat of physical harm. He also instructed agents not to discharge ammunition into the head, neck, or torso “unless the officer is legally justified in using deadly force against that individual.”

Jack Dickinson, dressed in a chicken costume, looks at other protesters outside the United States Immigration and Customs Enforcement (ICE) facility in Portland, Oregon, on Monday, Oct. 20, 2025. (AP Photo/Jenny Kane)

Agents are also prohibited from using pepper spray indiscriminately against a group in a way that affects bystanders. Additionally, they must only target or use “to the extent reasonably necessary as a defensive capacity” people who engage in violent, unlawful behavior or actively resist arrest.

Trespassing, refusing to move, and refusing to comply with an order to disperse are acts of passive resistance, not active resistance, Simon said.

The judge also issued a provisional class certificate; That means his order covers a broader group of all people who have peacefully protested or reported on demonstrations at the ICE building in recent months.

The injunction will remain in effect while the case is pending.

Last month, Portland Mayor Keith Wilson called on ICE to leave the city after federal police fired tear gas at protesters outside the agency’s building. The mayor described the protests as peaceful and criticized federal officers’ use of pepper balls, explosive bombs and rubber bullets.

PORTLAND MAYOR DEMANDED TO LEAVE THE CITY FROM THE ICE AFTER FEDERAL AGENTS USED BAYAR GAS ON PROTESTERS: ‘DISTINCTION DECISIONS’

Law enforcement officers look on from an ICE facility in Portland, Oregon, on October 21, 2025. (Jenny Kane/AP)

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

He accused federal officials of “trampling on the Constitution” and said, “To those who continue to work for ICE: Resign. To those who control this facility: Leave.”

The Associated Press contributed to this report.