Judge Michael Simon Limits DHS Officers' Tear Gas Use at Portland ICE Protests

District Judge Michael Simon issued a preliminary injunction after a three‑day hearing that restricts Department of Homeland Security (DHS) agents’ use of tear gas, pepper balls and other chemical or projectile munitions at protests outside the Portland ICE building, responding to testimony from protesters and journalists who described being targeted while engaged in peaceful demonstration.

“Judge in Oregon limits federal officers’ tear gas use at Portland ICE building protests PORTLAND, Ore”

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Plaintiffs included a demonstrator known for wearing a chicken costume, an octogenarian couple and two freelance journalists who recounted being sprayed or hit by crowd‑control weapons, and the judge said the video evidence submitted to the court “unambiguously show[s]” DHS officers spraying OC Spray into the faces of peaceful, nonviolent protesters.

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The injunction applies while the lawsuit proceeds and follows an earlier temporary restraining order limiting federal agents’ use of chemical munitions at the site.

The order narrowly defines when agents may deploy chemical munitions: officers may only use tear gas, pepper balls or similar devices when there is an “imminent threat of physical harm” to officers or others, may not fire munitions at a person’s head, neck or torso unless deadly‑force justification exists, and cannot spray groups indiscriminately or against bystanders.

Simon clarified that conduct such as trespassing, refusing to move or refusing to obey a dispersal order constitutes passive, not active, resistance, and therefore does not justify the use of these crowd‑control weapons under his injunction.

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Judge Simon emphasized the strength of the plaintiffs’ video evidence and described the government’s conduct as chilling: 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.”

“The protests in front of the Immigration and Customs Enforcement (ICE) building in Portland have become one of the most visible points of opposition to President Donald Trump’s immigration policy”

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The judge concluded that “Defendants’ conduct — physically harming protesters and journalists without prior dispersal warnings — is objectively chilling.”

He also noted that Justice Department attorneys offered little evidence that DHS was responding to riots during the hearing.

Simon also raised concerns about accountability, finding that internal DHS investigations were initiated only after public complaints and that no federal officer had yet been disciplined for violating use‑of‑force policies at the Portland ICE building.

He ordered further steps to improve transparency, including that officers deployed to the site wear visible identification and that attorneys for both sides confer to work out implementation details.

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The injunction also provisionally certifies a class so the order covers other peaceful protesters and journalists at the site.

The ruling comes amid months of intensified demonstrations against the Trump administration’s immigration enforcement and may be appealed by the Justice Department.

“Judge in Oregon limits federal officers’ tear gas use at Portland ICE building protests PORTLAND, Ore”

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Oregon’s judges have issued similar limits recently and Simon encouraged appellate judges to review the unambiguous video evidence.

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Advocates who brought the suit, led by the ACLU of Oregon, said the decision sends a message that the government must refrain from using crowd‑control weapons against people engaged in peaceful protest.