Federal Judge Restricts Tear Gas Use on ICE Protesters in Oregon

Ruling comes in response to ACLU lawsuit over federal officers' aggressive crowd control tactics

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. The ruling came in response to a lawsuit filed by the ACLU of Oregon on behalf of protesters and journalists who testified about being targeted by the federal agents' use of force.

Why it matters

The judge's decision highlights growing concerns over federal law enforcement's aggressive tactics in responding to protests, which critics argue violate protesters' First Amendment rights. The ruling could set a precedent for how federal agents can use crowd control measures at future demonstrations.

The details

U.S. District Judge Michael Simon limited federal agents from using chemical or projectile munitions such as pepper balls and tear gas unless someone poses an imminent threat of physical harm. He also ordered agents not to fire munitions at the head, neck or torso "unless the officer is legally justified in using deadly force." Additionally, officers cannot use pepper spray against a group in an indiscriminate way that would affect bystanders.

  • The preliminary injunction was issued on March 10, 2026.
  • Judge Simon had previously issued a temporary restraining order similarly limiting federal agents' use of chemical munitions during protests at the ICE building.

The players

U.S. District Judge Michael Simon

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

ACLU of Oregon

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

Department of Homeland Security

The federal agency whose officers were targeted in the lawsuit for their use of chemical and projectile munitions 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 (nbcnews.com)

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

— U.S. District Judge Michael Simon (nbcnews.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 highlights the ongoing tensions between law enforcement and protesters, as well as the legal battles over the appropriate use of force against demonstrators exercising their First Amendment rights. The decision could set an important precedent for how federal agents respond to future protests.