Federal Agents Restricted From Using Tear Gas at Portland ICE Protests

Judge orders temporary limits on use of chemical and projectile munitions against peaceful protesters and journalists.

Feb. 3, 2026 at 8:39pm

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A federal judge in Oregon has temporarily restricted federal officers from using tear gas and other chemical munitions against protesters at the U.S. Immigration and Customs Enforcement (ICE) building in Portland. The ruling came in response to a lawsuit filed by the ACLU of Oregon on behalf of protesters and journalists covering the demonstrations, which argued that the federal officers' use of excessive force was a violation of the protesters' First Amendment rights.

Why it matters

The ruling highlights the ongoing tensions between federal law enforcement and protesters in Portland, where demonstrations against the administration's immigration enforcement policies have continued for over a year. It also raises broader questions about the appropriate use of crowd control tactics by federal agents against peaceful protesters and journalists.

The details

The temporary restraining order, issued by U.S. District Judge Michael Simon, prohibits federal officers from using chemical or projectile munitions on people who pose no imminent threat of physical harm or are merely trespassing or refusing to disperse. It also limits federal officers from firing munitions at the head, neck or torso 'unless the officer is legally justified in using deadly force.' The ruling came in response to a lawsuit filed by the ACLU of Oregon, which described instances of protesters and journalists being hit with pepper balls and tear gas while demonstrating peacefully.

  • The temporary restraining order is in effect for 14 days.
  • The lawsuit was filed in response to federal officers' use of chemical munitions against protesters on Saturday.

The players

U.S. District Judge Michael Simon

The judge who issued the temporary restraining order limiting federal officers' use of tear gas and other chemical munitions against protesters in Portland.

ACLU of Oregon

The civil liberties organization that filed the lawsuit on behalf of protesters and journalists covering the demonstrations at the Portland ICE building.

Department of Homeland Security

The federal agency that oversees Immigration and Customs Enforcement (ICE), named as a defendant in the lawsuit.

Kristi Noem

The head of the Department of Homeland Security, also named as a defendant in the lawsuit.

President Donald Trump

Also named as a defendant in the lawsuit, which argues that the federal officers' use of force is a retaliation against protesters that chills their First Amendment rights.

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What they’re saying

“In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated.”

— U.S. District Judge Michael Simon

“DHS is taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters.”

— Tricia McLaughlin, DHS Spokesperson

“To those who continue to work for ICE: Resign. To those who control this facility: Leave.”

— Portland Mayor Keith Wilson

What’s next

The temporary restraining order is set to expire in 14 days, at which point the court will need to decide whether to extend the restrictions on federal officers' use of tear gas and other chemical munitions against protesters.

The takeaway

This ruling highlights the ongoing tensions between federal law enforcement and protesters in Portland, and the legal battles over the appropriate use of crowd control tactics against peaceful demonstrations. It underscores the critical role of the judiciary in upholding constitutional rights and serving as a check on government power.