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

U.S. District Judge Michael Simon issued a preliminary injunction in an ACLU of Oregon lawsuit against the Department of Homeland Security.

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

Associated Press

The judge found video evidence that federal officers used chemical spray and projectile munitions against peaceful protesters and freelance journalists at protests outside an ICE building.

Associated Press

The order bars federal agents from using chemical or projectile munitions (including pepper balls and tear gas) except when someone poses an imminent threat of physical harm.

The injunction remains in place while the suit proceeds.

Protesters were represented by a coalition led by the ACLU of Oregon in challenging those federal tactics at the Portland ICE facility.

At the three-day hearing, plaintiffs — including a demonstrator in a chicken costume, an elderly couple and two freelance journalists — presented video and testimony.

The record showed officers spraying OC spray into faces, deploying tear gas and firing pepper-ball rounds into crowds.

Fox News

Judge Simon characterized the conduct as "objectively chilling" to First Amendment activity.

Those firsthand accounts and videos formed the evidentiary basis for the restrictions the court imposed.

The injunction spelled out specific limitations: agents may not use chemical or projectile munitions unless someone poses an imminent threat of physical harm.

“Federal judge hands DHS another court loss, extends tear gas restrictions at ICE facility PORTLAND, Or”

KATU Portland

They are prohibited from firing at the head, neck or torso except when deadly force is legally justified.

The order also banned indiscriminate pepper-spray use that would hit bystanders and limited pepper spray to situations involving violent unlawful conduct, active resistance or necessary defensive use.

These restrictions narrow the circumstances in which DHS personnel can deploy those crowd-control tools.

Judge Simon granted provisional class certification so the injunction covers all who peacefully protested or reported on demonstrations at the ICE building.

He left the injunction in place while the lawsuit proceeds.

opb

The ruling followed related restrictions in a separate case.

It came amid wider demonstrations over immigration policy.

The Justice Department said there are four pending internal probes.

The ACLU argued those investigations had been opened only after public complaints rather than promptly as DHS policy requires.

The court also ordered the parties to work out identification measures so federal officers can be recognized from a reasonable distance without unduly hindering law enforcement.