Judge Orders DHS to Stop Using Excessive Force Against Portland ICE Protesters

Ruling grants class certification to protesters and press in lawsuit over alleged civil rights violations

Published on Mar. 10, 2026

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A federal judge in Oregon has ordered the U.S. Department of Homeland Security to stop using excessive force against peaceful protesters and members of the press outside a Portland immigration facility. The judge granted a preliminary injunction and provisional class certification to the protesters in a lawsuit alleging civil rights violations by federal agents.

Why it matters

The ruling is a major victory for civil liberties and the right to peacefully protest and report on matters of public interest. It underscores concerns about the use of force by federal authorities against citizens exercising their constitutional rights, which has become a flashpoint issue in recent years.

The details

In his order, Judge Michael H. Simon said that "in a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated." He added that "our nation is now at a crossroads" in terms of upholding those values. The judge granted a preliminary injunction barring DHS agents from using excessive force, including tear gas, rubber bullets, and batons, against the protesters and members of the press.

  • The lawsuit was filed in July 2025 after alleged incidents of excessive force by DHS agents against protesters and journalists.
  • Judge Simon issued a temporary restraining order in the case in February 2026.
  • On March 10, 2026, the judge granted class certification and a preliminary injunction in the case.

The players

Judge Michael H. Simon

A federal judge in the U.S. District Court for the District of Oregon who ruled in favor of the protesters and press in the lawsuit against DHS.

U.S. Department of Homeland Security

The federal agency whose agents were accused of using excessive force against protesters and journalists outside a Portland immigration facility.

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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.”

— Judge Michael H. Simon (Bloomberg Law)

“Our nation is now at a crossroads”

— Judge Michael H. Simon (Bloomberg Law)

What’s next

The preliminary injunction will remain in effect while the lawsuit proceeds. DHS has the option to appeal the judge's ruling.

The takeaway

This ruling is a significant victory for civil liberties and the right to peacefully protest and report on matters of public interest. It serves as a check on the use of force by federal authorities against citizens exercising their constitutional rights, an issue that has become increasingly contentious in recent years.