Federal Agents Restricted from Using Tear Gas at Portland ICE Protests

Judge orders temporary limits on chemical munitions against demonstrators outside immigration facility

Feb. 3, 2026 at 10:47pm

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A federal judge in Oregon has temporarily restricted federal officers from using tear gas and other chemical munitions against protesters outside a Portland ICE building, following a lawsuit filed by the ACLU. The ruling comes after agents fired gas into a crowd that local officials described as peaceful and included young children.

Why it matters

The decision highlights ongoing tensions between federal authorities and local officials over the use of force against protesters, as cities across the U.S. have seen demonstrations against the Trump administration's immigration enforcement policies. Courts have grappled with balancing public safety and First Amendment rights during these protests.

The details

U.S. District Judge Michael Simon ordered federal officers to not use chemical or projectile munitions unless the person targeted poses an imminent threat of physical harm. The temporary restraining order will be in effect for 14 days. The ruling came in response to a lawsuit filed by the ACLU of Oregon on behalf of protesters and journalists covering the demonstrations at the ICE building.

  • On February 4, 2026, the judge issued the temporary restraining order.
  • The order will be in effect for 14 days.

The players

U.S. District Judge Michael Simon

The judge who issued the temporary restraining order limiting federal agents' use of tear gas and other chemical munitions against protesters outside the Portland ICE building.

ACLU of Oregon

The civil liberties organization that filed the lawsuit on behalf of protesters and journalists against the federal government's use of force.

Department of Homeland Security

The federal agency that oversees Immigration and Customs Enforcement (ICE) and whose officers were targeted by the lawsuit.

Kristi Noem

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

President Donald Trump

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

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What’s next

The temporary restraining order will be in effect for 14 days, after which the judge will determine whether to extend the restrictions on federal agents' use of tear gas and other chemical munitions against protesters.

The takeaway

This ruling highlights the ongoing legal battles over the use of force by federal authorities against protesters, as cities and civil liberties groups push back against tactics that they argue violate constitutional rights. The decision underscores the delicate balance courts must strike between public safety and the right to peaceful assembly.