Federal Judge Halts ICE Use of Tear Gas in Portland Protests After Injuries

Ruling cites injuries to elderly protesters and journalists covering the demonstrations against federal immigration policy.

Feb. 5, 2026 at 7:23pm

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A federal judge has temporarily barred U.S. immigration officers from using tear gas and projectile weapons against peaceful protesters in Portland, delivering a significant legal setback to the Trump administration's enforcement tactics amid escalating demonstrations against federal immigration policy. The ruling follows a chaotic weekend outside an ICE facility in Portland, where federal agents fired tear gas, pepper balls, and rubber bullets into a crowd that included families and children.

Why it matters

The judge's order is a rebuke of the Trump administration's aggressive response to protests against its immigration policies, which have included the use of heavy-handed crowd control tactics that have resulted in injuries to both protesters and journalists covering the events. The ruling highlights growing tensions between federal authorities and local officials over the handling of these demonstrations.

The details

U.S. District Judge Michael Simon issued the restraining order late Tuesday, prohibiting officers from the Department of Homeland Security and Immigration and Customs Enforcement from deploying chemical irritants or impact munitions on demonstrators. The order also bars officers from firing at the head, neck, or torso unless there is a legal basis to use deadly force. The ruling follows a chaotic weekend outside an ICE facility in Portland, where federal agents fired tear gas, pepper balls, and rubber bullets into a crowd that included families and children.

  • The temporary ban is set to remain in place for at least 14 days as the court weighs further arguments.
  • The ruling follows a chaotic weekend outside an ICE facility in Portland in October.

The players

U.S. District Judge Michael Simon

The federal judge who issued the temporary restraining order barring ICE from using tear gas and projectile weapons against peaceful protesters in Portland.

American Civil Liberties Union of Oregon

The organization that brought the lawsuit cataloguing injuries to protesters and journalists from the federal agents' use of crowd control weapons.

Richard Eckman

An 83-year-old Vietnam War veteran who was struck by a pepper ball while participating in a peaceful march in October.

Laurie Eckman

The 84-year-old wife of Richard Eckman who was struck in the head by a pepper ball and received treatment for a concussion.

Jack Dickinson

A frequent protester known locally for wearing a chicken costume, who was pepper-sprayed directly in the face twice and shot in the back with less-lethal rounds by federal agents.

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What they’re saying

“To those who continue to work for ICE: Resign. To those who control this facility: Leave. Go home, look in a mirror, and ask yourselves why you have gassed children.”

— Keith Wilson, Portland Mayor

What’s next

The temporary ban is set to remain in place for at least 14 days as the court weighs further arguments on the use of tear gas and projectile weapons by federal agents against protesters in Portland.

The takeaway

The federal judge's ruling is a significant rebuke of the Trump administration's aggressive tactics in responding to protests against its immigration policies, underscoring growing tensions between local and federal authorities over the handling of these demonstrations and the need to balance public safety with the right to peaceful protest.