A federal judge in Oregon has temporarily barred federal officers from using tear gas and certain projectiles against peaceful protesters at the US Immigration and Customs Enforcement (ICE) facility in Portland. The decision follows a disturbing incident in which agents fired chemical munitions into a crowd that included young children an action local officials described as entirely unprovoked.
US District Judge Michael Simon ruled that federal officers may not deploy chemical agents or projectiles against individuals who pose no immediate threat of physical harm, nor against people who are merely trespassing or refusing to disperse. He also prohibited officers from aiming munitions at a person’s head, neck, or torso unless deadly force would otherwise be legally justified. Simon’s order will remain in effect for 14 days.
In his written decision, Simon warned that the United States “is now at a crossroads,” stressing that free speech, nonviolent protest, and independent journalism are essential pillars of a democratic society. He added that the judiciary has a responsibility to help the nation “find its constitutional compass.”
The ruling stems from a lawsuit filed by the ACLU of Oregon on behalf of protesters and freelance journalists who say federal officers used excessive force at the Portland ICE building. The suit names the Department of Homeland Security, its leader Kristi Noem, and President Donald Trump as defendants, arguing that the use of tear gas and other munitions was retaliatory and violated protesters’ First Amendment rights.
The Department of Homeland Security defended its actions, saying officers used the “minimum amount of force necessary” to protect themselves and federal property. A DHS spokesperson insisted the agency is taking “appropriate and constitutional measures” to safeguard the public from what it described as dangerous rioters.
The legal battle in Oregon mirrors similar disputes unfolding across the country. Courts in Minnesota and Chicago have recently paused rulings that restricted federal officers from using tear gas or pepper spray on peaceful demonstrators, highlighting a national debate over the limits of federal force during protests.
The Oregon complaint includes several troubling accounts, including one involving an 83-year-old Vietnam War veteran and his 84-year-old wife. The couple joined a peaceful march in October when federal officers allegedly fired chemical munitions into the crowd. A pepper ball struck Laurie Eckman in the head, leaving her bleeding and later treated for concussion symptoms. Another munition reportedly hit her husband’s walker.
These incidents, the lawsuit argues, underscore the urgent need for judicial oversight to prevent further harm to peaceful demonstrators.
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