Judge Bars Feds From Using Tear Gas on Portland Protesters

Temporary order limits federal officers' use of chemical and projectile munitions against demonstrators

Feb. 4, 2026 at 12:47pm

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A federal judge in Oregon has issued a temporary restraining order barring federal officers from using tear gas and other chemical munitions against protesters outside a Portland immigration building, unless the person targeted poses an immediate physical threat. The ruling came in response to a lawsuit filed by the ACLU of Oregon on behalf of protesters and journalists covering the demonstrations.

Why it matters

The decision highlights ongoing tensions between federal authorities and local officials over the use of aggressive tactics against protesters, which has become a flashpoint issue in cities across the U.S. during the Trump administration's crackdown on immigration enforcement.

The details

The temporary order limits federal officers from using chemical or projectile munitions unless the person targeted poses an imminent threat of physical harm. It also prohibits 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 on behalf of protesters and freelance journalists covering demonstrations at the U.S. Immigration and Customs Enforcement building in Portland.

  • The temporary restraining order is in effect for 14 days.

The players

Michael Simon

A US District Judge who issued the temporary order barring federal officers from using 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 against the Department of Homeland Security and its head, Kristi Noem, as well as President Trump.

Kristi Noem

The head of the Department of Homeland Security, named as a defendant in the ACLU's lawsuit.

Donald Trump

The President, named as a defendant in the ACLU's lawsuit.

Keith Wilson

The Mayor of Portland, who demanded that ICE leave the city after federal officers used chemical munitions against what he described as a "peaceful daytime protest".

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What they’re saying

“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 is set to expire in 14 days, at which point the court will likely consider whether to extend the restrictions on federal officers' use of chemical munitions against protesters.

The takeaway

This ruling underscores the ongoing clash between federal authorities and local officials over the appropriate use of force against protesters, with courts increasingly stepping in to limit the tactics federal agents can employ against demonstrators exercising their First Amendment rights.