Judge Bars Federal Agents From Using Tear Gas at Portland ICE Unless Facing Immediate Threat

A federal judge in Oregon has issued an order prohibiting federal agents from using tear gas and other chemical crowd-control munitions at Portland’s U.S. Immigration and Customs Enforcement (ICE) facility except when there is an immediate threat of physical harm.

Anadolu Agency reported that the ruling followed a three-day hearing and explicitly blocks such deployments unless there is an imminent threat, while the Associated Press said District Judge Amy Baggio issued a preliminary injunction after hearing testimony about the effects on nearby residents and limited agents’ use of chemical munitions that could reach the Gray’s Landing apartment complex unless needed to respond to an imminent threat to life.

Anadolu Agency

The injunction will remain in effect as the lawsuit proceeds, according to AP coverage.

The lawsuit was brought by the property manager and several tenants of Gray’s Landing, who described both physical and psychological harms they attribute to repeated chemical munitions deployments near the ICE facility.

AP reported residents testified about difficulty breathing, coughing, burning eyes, hives, anxiety, panic attacks, and even wearing gas masks inside their homes, and the plaintiffs argue those effects have sickened them, contaminated apartments and confined them indoors.

Associated Press News

Democracy Forward, the legal nonprofit representing the residents, said the decision protects basic health and safety and the right to live in one’s home without fear of chemical weapons being used by the government.

The ACLU and its attorneys who represented protesters and tenants called witnesses during the hearing, including longtime demonstrators like Jack Dickinson (known locally as “The Portland Chicken”) and Portland Police officers who testified about operational impacts when federal agents deploy tear gas.

Anadolu Agency noted the ACLU called witnesses who said Portland Police have to leave their posts when federal agents use tear gas, which affects their ability to monitor crimes, and quoted ACLU attorney Ashlee Albies reflecting on patterns of excessive force.

AP also noted a separate ACLU of Oregon lawsuit had earlier produced a temporary restraining order limiting tear gas during protests and that the court is considering a related preliminary injunction in that case.

The federal government — represented in the lawsuit by ICE and the Department of Homeland Security and their respective heads — argued that officers have deployed crowd-control devices in response to crowds that were violent, obstructive or trespassing or that did not comply with dispersal orders.

AP quoted government filings pushing back on the tenants’ constitutional claims by warning that if the court accepted their theory, it could prevent law enforcement from using airborne crowd-control devices whenever such agents inadvertently drift into private homes or businesses.

Associated Press News

The government had not immediately responded to requests for comment on the ruling, AP added.

Judicial observers described the injunction as an extraordinary remedy reflecting the severity of the case, and advocates framed the decision as a protection of community health and constitutional rights.

AP quoted the judge acknowledging the extraordinary nature of a preliminary injunction while saying the facts here warranted it, and Anadolu Agency relayed ACLU attorney Ashlee Albies’ statement that “This ruling today shows that our democracy still exists.”

Anadolu Agency

AP also highlighted that Gray’s Landing contains many vulnerable residents — nearly a third aged 63 or older, units reserved for low-income veterans, and tenants identifying as disabled — underscoring the stakes as the litigation continues.