Judge Restricts Federal Agents' Use of Tear Gas at Portland ICE Protests

Ruling comes after agents deployed gas at peaceful demonstrators, including children, outside immigration facility

Feb. 4, 2026 at 2:47am

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A federal judge in Oregon has issued a temporary order restricting federal officers from using tear gas and other chemical munitions against protesters outside the Immigration and Customs Enforcement (ICE) building in Portland. The ruling comes after agents deployed gas at a crowd of demonstrators, including young children, that the mayor described as peaceful. The judge prohibited federal officers from using such tactics on people who pose no imminent threat or are only trespassing or refusing dispersal orders.

Why it matters

The ruling is the latest development in the ongoing tensions between anti-ICE demonstrators and federal agents in Portland and other cities. It highlights concerns over the use of heavy-handed tactics by federal law enforcement against peaceful protesters exercising their First Amendment rights.

The details

The temporary restraining order issued by U.S. District Judge Michael Simon prohibits federal officers from using chemical or projectile munitions on people who pose no imminent threat of physical harm or who are only trespassing or refusing dispersal orders. The judge also barred federal agents from shooting at a person's head, neck or torso 'unless the officer is legally justified in using deadly force.' The ruling came in response to a lawsuit by the ACLU of Oregon on behalf of protesters and journalists covering the demonstrations.

  • The temporary restraining order will remain in effect for 14 days, according to the judge.

The players

U.S. District Judge Michael Simon

The federal judge who issued the temporary order restricting federal agents' use of tear gas and other munitions against protesters outside the Portland ICE facility.

American Civil Liberties Union of Oregon

The civil rights organization that filed the lawsuit on behalf of protesters and journalists challenging the federal agents' tactics.

Department of Homeland Security

The federal agency that oversees Immigration and Customs Enforcement (ICE) and whose agents were involved in the confrontations with protesters.

Keith Wilson

The mayor of Portland who characterized the protests outside the ICE facility as peaceful and demanded that federal agents leave the city.

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What they’re saying

“In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated.”

— U.S. District Judge Michael Simon

“Federal forces deployed heavy waves of chemical munitions, impacting a peaceful daytime protest where the vast majority of those present violated no laws, made no threat, and posed no danger to federal forces.”

— Keith Wilson, Mayor of Portland

What’s next

The temporary restraining order will remain in effect for 14 days, at which point the judge will decide whether to extend it further.

The takeaway

This ruling underscores the ongoing tensions between federal law enforcement and protesters over the use of aggressive tactics against peaceful demonstrations. It highlights the role of the judiciary in upholding constitutional rights and limiting the government's ability to suppress free speech and assembly.