A federal judge in Oregon has issued a 14-day restraining order limiting federal officers' use of tear gas and similar munitions at protests outside the Portland ICE facility, allowing such force only when a person poses an imminent threat. The order, by U.S. District Judge Michael H. Simon, also prohibits aiming munitions at the head, neck or torso unless deadly force would be legally justified. The decision follows an ACLU of Oregon lawsuit on behalf of protesters and freelance journalists who say they were struck by "less-lethal" munitions; DHS says its officers used the minimum force necessary.
Oregon Judge Temporarily Bars Federal Tear Gas Use At Portland ICE Protests
Federal agents lobbed tear gas and flash bangs at protesters in front of the ICE building on Jan. 31, 2026, in Portland, Ore. (Allison Barr/The Oregonian via AP)(ASSOCIATED PRESS)
A federal judge in Oregon on Tuesday issued a temporary order restricting federal officers from using tear gas and similar chemical or projectile munitions against protesters at the U.S. Immigration and Customs Enforcement (ICE) facility in Portland unless the targeted person poses an imminent threat of physical harm.
U.S. District Judge Michael H. Simon's 14-day temporary restraining order also bars officers from aiming munitions at a person's head, neck or torso "unless the officer is legally justified in using deadly force against that person." In his decision, Simon wrote that the nation "is now at a crossroads," stressing the judiciary's duty to protect constitutional rights including free speech and a free press.
"In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated," the judge wrote.
Lawsuit Brought By ACLU Of Oregon
The order responds to a lawsuit filed by the ACLU of Oregon on behalf of protesters and freelance journalists who were covering demonstrations at the ICE building. The complaint names the Department of Homeland Security, its senior leadership and President Donald J. Trump as defendants and alleges that federal officers used chemical munitions and excessive force in a manner that retaliated against protesters and chilled First Amendment rights.
The complaint details multiple incidents in which demonstrators and reporters say they were struck with chemical or "less-lethal" munitions. Plaintiffs include an elderly married couple who attended a peaceful march, a longtime protester known for attending demonstrations in a chicken costume, and freelance journalists who say they were clearly marked as press when they were hit.
Examples Alleged In The Complaint
According to the filing, in October an 83-year-old Vietnam War veteran, Richard Eckman, and his 84-year-old wife, Laurie Eckman, joined a peaceful march to the ICE facility. The complaint says officers launched chemical munitions at the crowd, striking Laurie Eckman in the head with a pepper ball and causing bleeding; she later sought hospital care and was given instructions related to concussion treatment. A munition also reportedly struck her husband's walker.
The suit also describes protester Jack Dickinson, who frequently attends demonstrations in a chicken suit, as having munitions fired at his respirator and back and having a tear-gas canister land near his leg and burn his costume. Freelance journalists Hugo Rios and Mason Lake are named as having been struck by pepper balls and exposed to tear gas while clearly marked as press, the complaint says.
"Defendants must be enjoined from gassing, shooting, hitting and arresting peaceful Portlanders and journalists willing to document federal abuses as if they are enemy combatants," the complaint argues, claiming the actions have caused irreparable harm, including physical injury and a chilling effect on speech, press and assembly.
Federal Response And National Context
The Department of Homeland Security disputed the claims in an emailed statement, saying officers "followed their training and used the minimum amount of force necessary to protect themselves, the public, and federal property." DHS added that the First Amendment protects speech and peaceful assembly but not rioting, and said it was taking lawful steps to uphold order and safety.
Courts across the country have been asked to weigh similar questions about federal agents' use of chemical agents and other riot-control munitions as protests related to immigration enforcement and other issues have continued in multiple cities. In recent weeks, appellate courts have paused or reviewed other injunctions and rulings that sought to limit federal use of tear gas and pepper spray under certain conditions.
The temporary restraining order in Oregon remains in effect for 14 days while the court considers the parties' arguments. Associated Press writers Steve Karnowski in Minneapolis and Sophia Tareen in Chicago contributed to this report.
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