Federal Judge Limits Tear Gas Use at Portland ICE Protests

Ruling comes in response to ACLU lawsuit over federal officers' tactics against peaceful demonstrators

Published on Mar. 10, 2026

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A federal judge in Oregon has issued a preliminary injunction restricting federal officers from using tear gas and other chemical munitions against protesters at the U.S. Immigration and Customs Enforcement (ICE) building in Portland, unless the protesters pose an imminent physical threat. The ruling comes in response to a lawsuit filed by the ACLU of Oregon on behalf of protesters and journalists who say they have been subjected to excessive force by federal agents.

Why it matters

The judge's order is the latest development in the ongoing tensions between federal authorities and protesters in Portland, where demonstrations against immigration enforcement policies have continued for months. The ruling aims to protect the First Amendment rights of peaceful protesters and journalists covering the events, while still allowing federal officers to use force if truly necessary for public safety.

The details

In his 24-page order, U.S. District Judge Michael Simon said the plaintiffs, which include a demonstrator known for wearing a chicken costume, a married couple in their 80s, and two freelance journalists, provided "numerous videos" showing federal officers "spraying OC Spray directly into the faces of peaceful and nonviolent protesters" and "discharging tear gas and firing pepper-ball munitions into crowds of peaceful and nonviolent protestors." The judge said this conduct by federal agents was "objectively chilling" and violated the protesters' First Amendment rights.

  • The preliminary injunction was issued on Monday, March 9, 2026.
  • It comes after a three-day hearing in which the plaintiffs testified about being subjected to chemical and projectile munitions by federal officers.

The players

U.S. District Judge Michael Simon

The federal judge who issued the preliminary injunction limiting federal officers' use of tear gas and other chemical munitions against protesters at the Portland ICE building.

ACLU of Oregon

The civil liberties organization that filed the lawsuit on behalf of protesters and journalists against the federal government's tactics.

Department of Homeland Security

The federal agency whose officers were named as defendants in the lawsuit over their use of force against protesters.

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What they’re saying

“Plaintiffs provided numerous videos, which were received in evidence and unambiguously show DHS officers spraying OC Spray directly into the faces of peaceful and nonviolent protesters engaged in, at most, passive resistance and discharging tear gas and firing pepper-ball munitions into crowds of peaceful and nonviolent protestors.”

— U.S. District Judge Michael Simon (ksgf.com)

“Defendants' conduct — physically harming protestors and journalists without prior dispersal warnings — is objectively chilling.”

— U.S. District Judge Michael Simon (ksgf.com)

What’s next

The preliminary injunction will remain in effect while the ACLU's lawsuit against the federal government proceeds.

The takeaway

This ruling is a victory for the free speech and assembly rights of protesters in Portland, who have faced aggressive tactics from federal agents during their demonstrations against immigration enforcement policies. The judge's order aims to strike a balance between public safety and the constitutional rights of peaceful protesters and journalists.