Federal Judge Limits Tear Gas Use Near Portland ICE Facility

Ruling protects nearby affordable housing residents from chemical munitions exposure

Published on Mar. 9, 2026

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A federal judge in Portland, Oregon has barred federal agents from using tear gas and chemical munitions near an Immigration and Customs Enforcement (ICE) facility in a way that could impact a nearby affordable housing complex, unless there is an 'imminent threat to life.' The ruling comes after residents and a local housing nonprofit filed a lawsuit against the Department of Homeland Security over the repeated use of such munitions during protests at the ICE facility.

Why it matters

The ruling is a victory for residents who have suffered physical and mental health impacts from repeated exposure to tear gas and other chemical agents used by federal agents during protests near their homes. It highlights the tension between law enforcement's use of crowd control tactics and the constitutional rights of nearby community members.

The details

In December, residents of the Gray's Landing affordable housing complex and Reach Community Development, which operates the complex, filed a lawsuit seeking a preliminary injunction to bar federal agents from using tear gas and chemical munitions near the facility. They argued the agents' actions had traumatized them and caused physical symptoms like wheezing, migraines and hives. The federal government claimed it was using lawful crowd control measures against violent protesters, though it has only charged a fraction of the thousands who have protested at the site. U.S. District Judge Amy M. Baggio ruled that the government's 'protracted failure even to care' about the harm to residents constituted 'deliberate indifference' and limited the use of such munitions near the housing complex.

  • Since last summer, the Portland ICE facility has been the site of largely peaceful protests by demonstrators.
  • Protest activity died down afterward but reignited in the fall after President Donald Trump's attempted deployment of the National Guard to Portland and again after federal agents killed two U.S. citizens in Minnesota in January.
  • Residents and the housing nonprofit filed the lawsuit in December 2025.
  • The federal judge issued the ruling on Friday, March 9, 2026.

The players

U.S. District Judge Amy M. Baggio

The federal judge who issued the ruling limiting the use of tear gas and chemical munitions near the Portland ICE facility.

Reach Community Development

The nonprofit organization that operates the Gray's Landing affordable housing complex near the Portland ICE facility.

U.S. Department of Homeland Security

The federal agency that oversees Immigration and Customs Enforcement (ICE) and was named as a defendant in the lawsuit.

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What they’re saying

“These eight months of conduct, involving repeated, large-scale deployments of chemical munitions, impacting sizable areas away from the Portland ICE Facility, coordinated with large numbers of officers, seemingly contrary to warnings contained in the Use of Force manuals.”

— U.S. District Judge Amy M. Baggio

“The court recognized that poisoning a residential community with toxic chemicals is a profound abuse of power. 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

U.S. District Court Judge Michael Simon is expected to rule by Monday in a similar case brought against the U.S. Department of Homeland Security by a group of protesters and freelance journalists represented by the Oregon chapter of the American Civil Liberties Union (ACLU). Simon has signaled he'll rule in favor of the protesters and journalists and make permanent a temporary order he issued in early February barring federal agents at the Portland ICE facility from deploying less-lethal munitions and chemicals at protesters unless the agents are in 'imminent threat of physical harm.'

The takeaway

This ruling is a significant victory for the rights of residents to live in their homes without fear of being harmed by chemical weapons used by the government against protesters. It highlights the need to balance law enforcement's use of crowd control tactics with the constitutional rights of nearby community members who should not be subjected to such tactics simply because they live near a site of public protest.