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A federal judge in Oregon on Monday imposed new limits on the use of tear gas and other crowd control munitions by federal agents 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 independent journalists. The lawsuit names the Department of Homeland Security and further claims that officers’ use of chemical munitions amounts to retaliation that chills First Amendment rights.
The order was issued after a three-day hearing in which plaintiffs — including a protester known for wearing a chicken costume, a married couple in their 80s and two freelance journalists — testified that federal agents used chemical sprays and projectile munitions against them.
In his written opinion, Simon said video evidence presented to the court showed officers spraying OC spray into the faces of protesters engaging in passive resistance and firing tear gas and pepper bullets into the crowd.
JUDGE RULES FEDERAL AGENTS MUST LIMIT TEAR GAS AT PROTESTS NEAR PORTLAND ICE BUILDING
Federal agents fired tear gas and flashbang grenades at protesters in front of the ICE building on January 31, 2026, in Portland, Oregon. (Allison Barr/The Oregonian via AP)
“Plaintiffs provided numerous videos, which were received into evidence and unambiguously showing DHS agents spraying OC Spray directly into the faces of peaceful, nonviolent protesters who were practicing, at best, passive resistance, and discharging tear gas and firing pepper ball munitions into crowds of peaceful, nonviolent protesters,” Simon wrote.
“The conduct of the accused (physically harming protesters and journalists without prior warnings to disperse) is objectively chilling.”
He Department of Homeland Security has previously said that the officers “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 case brought by residents of an affordable housing complex across the street from the ICE building.
This comes amid protests across the country against President Donald Trump’s mass deportation agenda.
In his ruling, Simon prohibited officers from using chemical munitions or projectiles, such as pepper balls and tear gas, unless someone poses an imminent threat of physical harm. He also ordered officers not to fire ammunition at the head, neck or torso “unless the officer is legally justified in using deadly force against that person.”
Jack Dickinson, dressed in a chicken costume, looks at other protesters outside a U.S. Immigration and Customs Enforcement (ICE) facility in Portland, Oregon, Monday, Oct. 20, 2025. (AP Photo/Jenny Kane)
Officers are also prohibited from using pepper spray against a group in an indiscriminate manner that could affect bystanders. Additionally, they must only target people who engage in violent and illegal conduct or who are actively resisting arrest, or use it “as reasonably necessary as a defense.”
Simon said trespassing, refusing to move and refusing to obey an order to disperse are acts of passive resistance, not active resistance.
The judge also granted provisional class certification, meaning his order covers a broader group of all people who have peacefully protested or reported demonstrations at the ICE building in recent months.
The preliminary injunction will remain in force while the lawsuit proceeds.
Last month, Portland Mayor Keith Wilson asked ICE to leave the city after federal agents fired tear gas into a crowd of protesters outside the agency’s building. The mayor described the protests as peaceful and criticized the use of pepper balls, stun grenades and rubber bullets by federal agents.
PORTLAND MAYOR DEMANDS ICE LEAVE THE CITY AFTER FEDERAL AGENTS USE TEAR GAS ON PROTESTERS: ‘REPRESENTATIVE DECISIONS’
Law enforcement officers watch from an ICE facility on October 21, 2025 in Portland, Oregon. (Jenny Kane/AP)
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“Federal forces deployed heavy waves of chemical munitions, impacting a peaceful protest during the day where the vast majority of those present did not violate any laws, posed no threat, and posed no danger to federal forces,” he said in a statement at the time.
“To those who continue to work for ICE: resign. To those who control this facility: leave,” he said, accusing federal officials of “trampling on the Constitution.”
The Associated Press contributed to this report.