Judge Orders ICE to Stop Tear-Gassing Protesters in Oregon

Federal judge bars federal agents from using tear gas on protesters, citing threat to democracy

Feb. 4, 2026 at 12:07pm

Got story updates? Submit your updates here. ›

A US judge in Oregon has temporarily barred federal agents from using tear gas, projectiles, and other chemicals against demonstrators in Portland, ruling that the crackdown on protesters and journalists threatens the nation's status as a "well-functioning constitutional democratic republic." The ruling comes after federal agents deployed tear gas on peaceful protesters, including children, near the Portland ICE building.

Why it matters

This ruling is a significant victory for free speech and the right to nonviolent protest, which have come under threat from the Trump administration's aggressive tactics against immigrant communities and those who speak out against the president's policies. The judge's warning about the nation being at a "crossroads" underscores the high stakes involved in protecting democratic freedoms.

The details

US District Judge Michael Simon ordered that for at least the next 14 days, federal agents cannot use chemical or projectile munitions like tear gas or pepper balls unless the specific target poses an imminent threat of physical harm. Agents are also prohibited from firing any munition at a person's head, neck, or torso except in cases where deadly force would be justified. The ruling pertains to the vicinity of the Portland ICE Building, which has been the site of protests against the agency's arrests and detention of immigrants.

  • The ruling was handed down on February 4, 2026.
  • An evidentiary hearing is scheduled for March 2, 2026 to determine if a preliminary injunction should be granted.

The players

US District Judge Michael Simon

The judge who issued the temporary order barring federal agents from using tear gas and other munitions against protesters in Portland.

ACLU of Oregon

The organization that filed a legal complaint on behalf of protesters affected by ICE's use of tear gas.

Kelly Simon

The legal director for ACLU of Oregon, who said the ruling affirms Oregonians' belief in constitutional freedoms.

Jack Dickinson

A protester known as the "Portland Chicken" for wearing a chicken costume at anti-ICE demonstrations, who expressed gratitude for the judge's ruling.

Got photos? Submit your photos here. ›

What they’re saying

“In an authoritarian regime, that is not the case. Our nation is now at a crossroads. 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.”

— US District Judge Michael Simon

“Not only are DHS's extreme actions violating protesters' First Amendment rights, but they also pose an imminent risk that officers will seriously maim or kill someone, as they have done repeatedly within the last few weeks in other parts of the country.”

— Kelly Simon, Legal Director, ACLU of Oregon

“Since June, the Trump regime has subjected people in Portland to chemical weapons and violence because they are offended by our words. This administration should hear our grievances and halt their barbaric treatment of our communities. Until then, I hope Portland will continue to show up and exercise our First Amendment rights. Our voices are needed most in times like now.”

— Jack Dickinson, Protester

What’s next

An evidentiary hearing is scheduled for March 2, 2026 to determine if a preliminary injunction should be granted to further limit the use of tear gas and other weapons against protesters and journalists.

The takeaway

This ruling is a significant victory for protecting free speech and the right to nonviolent protest, which have been under threat from the Trump administration's aggressive tactics against immigrant communities and those who speak out against the president's policies. The judge's warning about the nation being at a "crossroads" underscores the high stakes involved in safeguarding democratic freedoms.