Federal Judge Limits Crowd Control Tactics at Portland ICE Facility

Ruling requires federal officers to identify themselves and prohibits use of tear gas, other chemical weapons against nonviolent protesters

Published on Mar. 10, 2026

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A federal judge in Oregon has issued a preliminary injunction blocking federal law enforcement from using tear gas and other chemical crowd control devices on protesters outside the Immigration and Customs Enforcement building in Portland. The judge also ordered federal officers to clearly identify themselves on their uniforms, vests, and helmets.

Why it matters

The ruling is a victory for free speech and the right to nonviolent protest, which the judge said are "permitted, respected, and even celebrated" in a democracy. It comes after testimony from protesters about being hit with crowd control munitions while engaged in passive resistance, and depositions showing federal officers' lack of understanding about First Amendment rights and use of force policies.

The details

The judge granted preliminary class certification, meaning the decision applies to all nonviolent protesters and journalists outside the Portland ICE building. The Department of Homeland Security did not immediately respond to a request for comment, but the decision is likely to be appealed by the Justice Department.

  • The judge's ruling came after a three-day hearing in Portland last week.
  • On Feb. 3, the same judge had temporarily limited DHS officers from using chemical munitions unless there was an imminent threat of physical harm.

The players

U.S. District Court Judge Michael Simon

The federal judge who issued the preliminary injunction limiting federal law enforcement's use of crowd control tactics outside the Portland ICE building.

ACLU of Oregon

The civil liberties organization representing the protesters in the case.

Department of Homeland Security

The federal agency whose officers were the subject of the judge's ruling on the use of crowd control devices and identification.

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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. In an authoritarian regime, that is not the case.”

— U.S. District Court Judge Michael Simon (OPB)

What’s next

The decision is likely to be appealed by the Justice Department.

The takeaway

This ruling is a significant victory for the right to free speech and nonviolent protest, affirming that these are core democratic values that must be protected. It also highlights concerns about the conduct and understanding of federal law enforcement officers when it comes to crowd control tactics and respecting First Amendment rights.