Judge Limits Federal Use of Weapons Against Anti-ICE Protesters in Portland

U.S. District Judge Michael Simon rules that federal agents' use of force appears targeted at journalists and peaceful protesters.

Feb. 3, 2026 at 9:07pm

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A federal judge has ordered the Department of Homeland Security to stop firing tear gas and other crowd-control weapons at peaceful protesters and journalists who regularly gather outside an Immigration and Customs Enforcement facility in Portland, Oregon. U.S. District Judge Michael Simon said the use of force by federal agents appeared targeted at those expressing opposition to the Trump administration's deportation policies, and that statements from DHS officials have encouraged a 'culture of violence' in the agency's response.

Why it matters

This ruling is the latest in a series of court orders restricting the federal government's use of aggressive tactics against protesters in Democrat-run cities. It highlights ongoing tensions between the Trump administration and local officials over the federal response to anti-ICE demonstrations and other protests.

The details

In his 22-page opinion, Judge Simon, an Obama appointee, said the wanton use of force by federal agents appeared to be encouraged by Department of Homeland Security leaders in Washington. DHS Assistant Secretary Tricia McLaughlin stated the agency is taking 'appropriate and constitutional measures' to protect officers and the public from 'dangerous rioters.' However, the judge noted that previous rulings in Minneapolis, Chicago and Los Angeles have also restricted DHS crowd control tactics during enforcement operations.

  • The ruling was issued on February 3, 2026.

The players

Michael Simon

A U.S. District Judge who issued the ruling limiting federal use of weapons against anti-ICE protesters in Portland.

Tricia McLaughlin

The DHS Assistant Secretary who stated the agency is taking 'appropriate and constitutional measures' in response to the ruling.

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What they’re saying

“Statements made by DHS officials and senior federal executives show that the culture of the agency and its employees is to celebrate violent responses over fair and diplomatic ones.”

— Judge Michael Simon, U.S. District Judge

“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 Assistant Secretary

What’s next

The Department of Homeland Security may appeal the judge's ruling, which could lead to further legal battles over the federal government's response to protests in Portland and other cities.

The takeaway

This ruling underscores the ongoing tensions between the federal government and local officials over the appropriate use of force against protesters, and highlights the role of the courts in mediating these disputes and upholding the constitutional rights of demonstrators.