Federal Judge Imposes Restrictions on Tear Gas Use at Portland ICE Protests
A federal judge in Oregon has imposed new restrictions 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. The judge issued a preliminary injunction in response to a lawsuit filed by the American Civil Liberties Union of Oregon on behalf of protesters and freelance journalists, arguing that the use of chemical munitions by officers violates First Amendment rights. The order comes after plaintiffs testified that federal officers used chemical spray and projectile munitions against them during protests.
The judge's ruling limits the use of tear gas and other munitions by federal agents unless there is an imminent threat of physical harm. Agents are also instructed not to target the head, neck, or torso unless deadly force is justified. Additionally, the use of pepper spray must be targeted at individuals engaging in violent unlawful conduct or actively resisting arrest, rather than being used indiscriminately against a group.
The preliminary injunction covers a broader group of individuals who have peacefully protested or reported on demonstrations at the ICE building in recent months. The judge also granted provisional class certification, extending the order to a larger group of people affected by the restrictions on the use of crowd-control munitions.
Last month, Portland Mayor Keith Wilson called on ICE to leave the city after federal officers deployed tear gas at a peaceful protest outside the agency's building. The mayor criticized the use of pepper balls, flash-bang grenades, and rubber bullets by federal officers, describing their actions as trampling on the Constitution. The judge's ruling will remain in place while the lawsuit proceeds, providing protection for protesters and journalists involved in demonstrations at the ICE building in Portland.