Appeals Judges Weigh Reinstating Limits on Portland ICE Facility Officers

Judges express concern over videos of federal agents' use of force and chemicals on crowds outside the Portland Immigration and Customs Enforcement facility.

Apr. 8, 2026 at 4:19am by Ben Kaplan

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A photorealistic painting in the style of Edward Hopper, depicting a lone federal law enforcement vehicle or piece of equipment outside the Portland ICE facility, with warm sunlight and deep shadows creating a contemplative, cinematic mood.As tensions between federal agents and Portland protesters continue, a court decision on the use of force could reshape the dynamics outside the city's ICE facility.Portland Today

In back-to-back hearings, three federal appeals judges appeared skeptical that the use of excessive force and chemical agents by federal officers against protesters and journalists outside the Portland ICE facility was warranted. The judges heard arguments from lawyers representing the federal officers as well as those representing residents, protesters, and journalists who claim to have been targeted, and seemed poised to reverse a previous ruling that had temporarily blocked restrictions on the officers' use of force.

Why it matters

The case highlights ongoing tensions between federal law enforcement and protesters in Portland, where groups have been demonstrating outside the ICE facility since June 2020. The judges' decision could have significant implications for how federal officers are allowed to respond to future protests at the facility.

The details

The hearings involved two separate lawsuits - one filed by residents of a nearby apartment complex, and another filed by protesters and journalists. The judges appeared to be consolidating the decisions, as an outcome in either case will govern federal officers' ability to use tear gas, pepper balls, smoke grenades and other less-lethal munitions on crowds outside the facility for the next several weeks.

  • The judges heard arguments in late March.
  • The judges are expected to reach a decision before mid-April, when the lawsuits will advance to the discovery stage in the lower district court.

The players

Kenneth Lee

A Trump appointee to the 9th Circuit Court of Appeals.

Eric Tung

A Trump appointee to the 9th Circuit Court of Appeals.

Ana de Alba

A Biden appointee to the 9th Circuit Court of Appeals.

Brenna Scully

A U.S. Department of Justice lawyer representing the federal officers.

Stephen Wirth

A lawyer representing the Gray's Landing apartment residents.

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What they’re saying

“Chemical irritants are a critical defensive law enforcement tool, and limiting the government's ability to use them based on facts and circumstances facing officers irreparably harms the government.”

— Brenna Scully, U.S. Department of Justice lawyer

“The government was creating political propaganda to post on its Instagram accounts. These are not law enforcement operations. These are propaganda operations.”

— Stephen Wirth, Lawyer for Gray's Landing residents

“I just don't know how we're justifying this.”

— Ana de Alba, 9th Circuit Court of Appeals judge

“What do we do with those videos when we see those?”

— Kenneth Lee, 9th Circuit Court of Appeals judge

What’s next

The judges did not indicate when a decision will be reached, but likely before mid-April, when the two lawsuits will advance to the discovery stage in the lower district court in Portland.

The takeaway

This case highlights the ongoing tensions between federal law enforcement and protesters in Portland, and the judges' decision could have significant implications for how federal officers are allowed to respond to future demonstrations at the ICE facility.