PORTLAND, Ore. (AP) — A judge in Oregon on Tuesday temporarily restricted federal officers from using tear gas at protests at the U.S. Immigration and Customs Enforcement building in Portland, just days after agents launched gas at a crowd of demonstrators including young children that local officials described as peaceful.
U.S. District Judge Michael Simon ordered federal officers to not use chemical or projectile munitions unless the person targeted poses an imminent threat of physical harm. Simon also limited federal officers from firing munitions at the head, neck or torso 'unless the officer is legally justified in using deadly force against that person.'
Simon, whose temporary restraining order is in effect for 14 days, wrote that the nation 'is now at a crossroads.' He stated, 'In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated.' He emphasized the judiciary's role in upholding these rights.
Ruling follows a lawsuit filed by the ACLU of Oregon
The ruling came in response to a lawsuit by the ACLU of Oregon on behalf of protesters and freelance journalists covering demonstrations at the flashpoint U.S. Immigration and Customs Enforcement building. The defendants include the Department of Homeland Security and its head, Kristi Noem, as well as President Donald Trump. The suit argues that federal officers’ use of chemical munitions and excessive force is retaliatory and chills First Amendment rights.
The Department of Homeland Security defended its actions, stating federal officers have followed their training and used the minimum force necessary to protect themselves, the public, and federal property. Spokesperson Tricia McLaughlin emphasized that the First Amendment protects speech and peaceful assembly, but not rioting.
Courts consider question of tear gas use
Judges in other jurisdictions have also examined the legality of using chemical weapons by federal agents against protesters. Recently, a federal appeals court in Minnesota halted a decision that prohibited the use of tear gas or pepper spray against peaceful protesters who are not obstructing law enforcement.
The Oregon lawsuit describes instances where federal agents used force against peaceful protesters, including an 83-year-old Vietnam War veteran and a well-known protester dressed as a chicken. Plaintiffs reported injuries from chemical munitions, government accountability, and their rights being undermined.
Portland’s Mayor Keith Wilson condemned the use of chemical munitions at peaceful protests and called for a reevaluation of federal enforcement policies. His statement included strong admonitions for federal officers to resign and reflect on the consequences of their actions.
This protest is part of a broader wave of demonstrations across the United States against immigration enforcement policies, particularly in cities experiencing heightened enforcement activity.
