Federal Judge Limits Tear Gas Use Against Portland Protesters

Ruling restricts federal agents' use of chemical and projectile munitions against demonstrators outside ICE facility.

Feb. 4, 2026 at 7:31am

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A federal judge in Oregon has temporarily limited federal agents' use of nonlethal munitions, including tear gas, against protesters outside an Immigration and Customs Enforcement (ICE) facility in Portland. The ruling comes after clashes between federal officers and demonstrators, which Portland's mayor condemned as the "trampling of the Constitution."

Why it matters

The judge's order is a significant development in the ongoing tensions between federal authorities and protesters in Portland, where demonstrations against immigration enforcement have continued for years. The ruling aims to balance public safety concerns with the constitutional right to free expression, as the city and state officials have criticized the federal government's heavy-handed response to the protests.

The details

In his Tuesday order, Judge Michael H. Simon restricted federal agents from using several "chemical and projectile munitions" against protesters at the ICE facility, "unless the specific target of such a weapon or device poses an imminent threat of physical harm." The temporary restraining order will expire after two weeks but could be extended if the plaintiffs seek a preliminary injunction.

  • The judge issued the ruling on Tuesday, February 4, 2026.
  • The temporary restraining order will expire in two weeks, on February 18, 2026.

The players

Judge Michael H. Simon

A federal judge in Oregon who issued the temporary restraining order limiting federal agents' use of tear gas and other munitions against protesters.

Keith Wilson

The Democratic mayor of Portland, Oregon, who condemned the federal agents' use of force against protesters and called on ICE officers to "resign."

Tim Walz

The Democratic governor of Minnesota, who has also urged ICE to cease operations in his state after two U.S. citizens were fatally shot by immigration enforcement officers.

Immigration and Customs Enforcement (ICE)

The federal agency whose officers deployed tear gas, pepper balls, rubber bullets, and flash-bang grenades against protesters outside their facility in Portland.

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What they’re saying

“We have been here before and have previously returned to the right path, notwithstanding an occasional detour. In helping our nation find its constitutional compass, an impartial and independent judiciary operating under the rule of law has a responsibility that it may not shirk.”

— Judge Michael H. Simon

“To those who continue to work for ICE: Resign. To those who control this facility: Leave. Through your use of violence and the trampling of the Constitution, you have lost all legitimacy and replaced it with shame.”

— Keith Wilson, Mayor of Portland

“To those who continue to make these sickening decisions, go home, look in a mirror, and ask yourselves why you have gassed children.”

— Keith Wilson, Mayor of Portland

What’s next

The judge's temporary restraining order will expire in two weeks, on February 18, 2026. The plaintiffs may choose to file a motion for a preliminary injunction to extend the restrictions on federal agents' use of force against protesters.

The takeaway

This ruling is a significant victory for civil liberties and the right to peaceful protest, as it aims to curb the federal government's heavy-handed response to demonstrations against immigration enforcement. However, the long-term implications remain to be seen, as the tensions between protesters and federal agents in Portland continue to simmer.