PORTLAND, Ore. — Federal agents in Portland will face new restrictions on their use of chemical weapons during protests outside the Immigration and Customs Enforcement facility, following a court ruling issued Monday by U.S. District Judge Michael Simon.
The decision comes as a result of legal action brought by the ACLU of Oregon representing demonstrators and freelance journalists who claim they were targeted with excessive force by federal officers.
During a three-day court proceeding, several plaintiffs took the stand to describe their experiences with chemical and projectile weapons deployed by federal agents. Among those testifying were a protester known for donning a chicken outfit, an elderly married couple in their eighties, and two freelance journalists.
The legal challenge names the Department of Homeland Security among its defendants and contends that federal officers’ deployment of such weapons constitutes retaliation that violates protesters’ constitutional free speech rights.
In his written decision, Judge Simon noted the extensive video evidence presented in court. “Plaintiffs provided numerous videos, which were received in evidence and unambiguously show DHS officers spraying OC Spray directly into the faces of peaceful and nonviolent protesters engaged in, at most, passive resistance and discharging tear gas and firing pepper-ball munitions into crowds of peaceful and nonviolent protestors,” Simon wrote, using the term OC Spray to refer to pepper spray.
The judge further criticized federal agents’ actions, stating: “Defendants’ conduct — physically harming protestors and journalists without prior dispersal warnings — is objectively chilling.”
The Department of Homeland Security has not yet responded to requests for comment regarding the ruling. In earlier statements, the agency maintained that federal officers operated within their training protocols and applied only the minimum force required.
This marks the second recent court order restricting federal agents’ use of chemical weapons at the ICE facility. Judge Simon had previously imposed a temporary restraining order with similar limitations, and another federal judge overseeing a separate case filed by residents of nearby affordable housing also issued restrictions.
The aggressive crowd control methods employed by federal officers have drawn scrutiny as demonstrations continue across the nation in response to the Trump administration’s immigration enforcement initiatives.
Under Monday’s court order, federal agents are prohibited from deploying chemical or projectile weapons like pepper balls and tear gas unless an individual presents an immediate threat of physical violence. The ruling also bars officers from aiming such weapons at a person’s head, neck, or torso “unless the officer is legally justified in using deadly force against that person.”
The order further prohibits the indiscriminate use of pepper spray that could impact bystanders, limiting its use to situations involving violent illegal behavior, active resistance to arrest, or “as reasonably necessary in a defensive capacity.” Judge Simon clarified that actions such as trespassing, refusing to relocate, or ignoring dispersal orders constitute passive rather than active resistance.
The judge also approved provisional class certification, expanding the order’s protection to include all individuals who have peacefully demonstrated or covered protests at the ICE building in recent months.
The preliminary injunction will stay in place as the legal case moves forward.
