U.S. District Judge Michael Simon Restricts Federal Officers' Tear-Gas Use At Portland ICE Protests

U.S. District Judge Michael H. Simon issued a preliminary injunction restricting federal officers’ use of tear gas and other less-lethal munitions at protests outside Portland’s Immigration and Customs Enforcement (ICE) facility.

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

Associated Press News

Oregon Capital Chronicle reported that “a federal judge on Monday ordered federal officers at Portland’s Immigration and Customs Enforcement facility to continue to restrict their use of tear gas and less-lethal munitions against non-violent protesters, marking the second ruling in less than a week that has limited their use of chemical agents.”

Associated Press News

The Associated Press summarized the decision as a measure that “restricted federal officers from using tear gas at protests at the U.S. Immigration and Customs Enforcement building in Portland.”

NBC News noted that “District Judge Michael Simon issued the preliminary injunction after a three-day hearing,” framing the order as the product of recent court proceedings.

The lawsuit behind the order was brought by protesters and freelance journalists represented by the ACLU of Oregon and names federal entities as defendants.

The Associated Press reported the ruling came “in response to a lawsuit filed by the ACLU of Oregon on behalf of protesters and freelance journalists.”

El Diario NY

Oregon Capital Chronicle said Simon “granted class-action status to the plaintiffs in the case, a group of freelance journalists and protestors represented by the Oregon branch of the American Civil Liberties Union, or ACLU, who in November sued President Donald Trump and the U.S. Department of Homeland Security.”

NBC added that “the lawsuit, whose defendants include the Department of Homeland Security, argues that federal officers' use of such munitions is a retaliation against protesters that chills their First Amendment rights.”

Simon’s order specifies operational limits and a narrow standard for use of the listed crowd-control tools, barring deployment except when officers face an “imminent threat of physical harm” and prohibiting strikes to the head, neck or torso except where deadly force would be justified.

NBC News reported that “Simon limited federal agents from using chemical or projectile munitions such as pepper balls and tear gas unless someone poses an imminent threat of physical harm. He also ordered agents not to fire munitions at the head, neck or torso ‘unless the officer is legally justified in using deadly force against that person.’”

Oregon Capital Chronicle provided the detailed catalog of restricted devices: “The list of munitions restricted under the order include kinetic impact projectiles, pepper ball or paintball guns, pepper or oleoresin capsicum spray, tear gas or other chemical irritants, soft nose rounds, 40mm or 37mm launchers, less lethal shotguns, and flashbang, Stinger, or rubber ball grenades.”

The Associated Press framed the ruling as a specific limit on tear gas use at the site.

The ruling followed multi-day testimony and documentary evidence that Simon said showed harmful tactics by officers, including video the judge cited as showing agents spraying chemical irritants into peaceful crowds; he issued a sharp rebuke about the broader implications for free speech.

NBC News quoted Simon: “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 engaged in, at most, passive resistance and discharging tear gas and firing pepper-ball munitions into crowds of peaceful and nonviolent protestors,” and that the conduct “is objectively chilling.”

Associated Press News

Oregon Capital Chronicle said Simon “reiterated a strong condemnation of federal agents’ behavior at the ICE facility,” and printed his admonition that “In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated… Our nation is now at a crossroads.”

The Associated Press noted the court action was taken after the plaintiffs brought their case to federal court.

Simon’s injunction also included procedural orders and arrives alongside a separate preliminary ruling by another judge protecting nearby residents; the court required identification standards for officers and the order will remain while the litigation proceeds.

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

Associated Press News

Oregon Capital Chronicle reported Simon “ordered the ACLU and federal lawyers to agree on standards for officers to clearly identify themselves at the building.”

El Diario NY

That account also noted a separate case in which “U.S. District Judge Amy M. Baggio on Friday issued a preliminary order barring federal agents from using the chemical agents in a manner that could seep into the housing complex,” a measure aimed at protecting nearby affordable-housing residents.

NBC News noted that Simon “granted provisional class certification, which means his order covers a broader group of all those who have peacefully protested or reported on demonstrations at the ICE building in recent months,” and that “The preliminary injunction will remain in effect while the lawsuit proceeds.”

The Associated Press framed the ruling as a judicial check on federal crowd-control tactics at the ICE site.