Federal Judge Limits Tear Gas Use Near Portland ICE Building

Ruling comes after residents of nearby affordable housing complex sued over repeated exposure to chemical munitions.

Published on Mar. 7, 2026

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A federal judge in Oregon has issued a preliminary injunction limiting federal agents' use of tear gas and other chemical munitions during protests near a Portland ICE facility. The ruling comes in response to a lawsuit filed by residents of an adjacent affordable housing complex who say they have suffered physical and psychological symptoms from repeated exposure to the crowd-control devices.

Why it matters

The case highlights growing concerns over the aggressive tactics used by federal law enforcement during protests, particularly in cities that have seen sustained demonstrations against the Trump administration's immigration enforcement policies. The ruling aims to protect the rights and safety of residents who live near sites of public protest.

The details

U.S. District Judge Amy Baggio issued the preliminary injunction after a hearing in which residents of the Gray's Landing apartment building described a range of health issues, from difficulty breathing to anxiety attacks, caused by the tear gas. The judge said the case was not about the rights of protesters, but rather the residents' allegations that the federal officers' use of chemical munitions has been 'so excessive' that it violates their rights. The order restricts agents from using tear gas and other chemical agents in quantities likely to reach the apartment complex, unless needed to respond to an imminent threat to life.

  • On March 4, 2026, residents of the Gray's Landing apartment building filed a lawsuit against the federal government.
  • On March 6, 2026, U.S. District Judge Amy Baggio held a hearing on the residents' request for a preliminary injunction.
  • On March 7, 2026, Judge Baggio issued the preliminary injunction limiting federal agents' use of tear gas near the ICE facility.

The players

U.S. District Judge Amy Baggio

The federal judge who issued the preliminary injunction limiting federal agents' use of tear gas near the Portland ICE facility.

Gray's Landing apartment building

The affordable housing complex located adjacent to the Portland ICE facility, whose residents filed the lawsuit over repeated exposure to chemical munitions.

U.S. Immigration and Customs Enforcement (ICE)

The federal agency whose Portland facility has been the site of ongoing protests, leading to the use of tear gas and other crowd-control tactics by federal agents.

Department of Homeland Security (DHS)

The federal agency that oversees ICE and whose agents were involved in the use of chemical munitions during protests at the Portland ICE facility.

Skye Perryman

The president and CEO of Democracy Forward, the legal nonprofit representing the plaintiffs in the lawsuit.

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What they’re saying

“This decision protects basic health and safety and the right to live in one's home without fear of chemical weapons being used by the government. Residents should not be harmed simply because they live next to a site of public protest.”

— Skye Perryman, President and CEO of Democracy Forward

What’s next

The preliminary injunction will remain in effect as the lawsuit against the federal government proceeds.

The takeaway

This ruling highlights the growing tensions between federal law enforcement and local communities over the use of aggressive crowd-control tactics during protests, and the need to balance public safety with the rights of residents who live near sites of civil unrest.