The protests in front of the Immigration and Customs Enforcement (ICE) building in Portland have become one of the most visible points of opposition to President Donald Trump’s immigration policy. Now, a federal judge has placed strict limits on how agents guarding the site can act after hearing days of testimony from protesters and journalists who reported being sprayed with tear gas, pepper spray, and other chemical munitions while participating in peaceful demonstrations.
Federal District Judge Michael Simon issued a preliminary injunction on Monday restricting the use of tear gas and other crowd control devices by Department of Homeland Security (DHS) agents during protests outside the ICE building in Portland, Oregon, in the northwestern United States. The decision responds to a lawsuit filed by the American Civil Liberties Union (ACLU) of Oregon on behalf of protesters and independent journalists.
The order comes after a three-day hearing in which the plaintiffs — including a protester known for wearing a chicken costume, an octogenarian couple, and two freelance journalists — recounted how federal agents used chemical munitions or projectiles against them while they were participating in protests.
In his ruling, Simon noted that the evidence presented in court, including video recordings, clearly shows how these tactics were used against nonviolent protesters. “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 protesters,” the judge wrote.
The judge also warned about the effect that this type of action can have on freedom of expression and the right to protest. “Defendants’ conduct — physically harming protesters and journalists without prior dispersal warnings — is objectively chilling,” he added.
The order states that federal agents may only use tear gas, pepper balls, or other chemical munitions if there is an imminent threat of physical harm to officers or others. In addition, the ruling prohibits firing these munitions at a person’s head, neck, or torso unless the officer is legally justified in using deadly force against that person.
The indiscriminate use of pepper spray against groups is also prohibited when it may affect bystanders or people who are not involved in violent acts. Officers may only use it against individuals who are engaging in violent behavior or actively resisting arrest, or when necessary in self-defense.
The judge went further by clarifying what type of behavior does not justify the use of these tactics. According to the ruling, actions such as trespassing in a restricted area, refusing to move, or failing to obey a dispersal order constitute passive, not active, resistance.
Judge Simon also concluded that federal agents deployed at the ICE building violated DHS internal policies on the use of force by employing crowd control devices “on nonviolent protesters, including those who were engaged in passive resistance.”
The decision also includes a provisional class certification, meaning that the order applies not only to the original plaintiffs but also to all peaceful protesters and journalists covering the protests at the site.
The judge also expressed concerns about the lack of accountability within the agency. “Further, the evidence revealed that no federal officer has yet been reprimanded or received any corrective treatment or guidance after violating a use-of-force policy at the Portland ICE Building,” he wrote.
During the hearings, Justice Department attorneys noted that there are four pending internal investigations related to the use of force at the facility. However, the judge noted that evidence presented by ACLU attorneys indicated that those investigations were initiated only after public complaints were filed.
The order also addresses the issue of federal agent identification. Simon indicated that she wants officers deployed to the ICE building to wear some form of visible identification that allows them to be recognized from a distance, and she ordered attorneys for both sides to work out the details of that measure.
Protests in front of the building have intensified in recent months amid demonstrations in several cities across the country against the Trump administration’s mass deportation agenda. The site has become a frequent gathering place for those who oppose federal immigration policies.
Simon’s decision comes weeks after another federal judge in Oregon issued a similar order in a case brought by residents of an affordable housing complex located across from the ICE building. Both decisions could be appealed by DHS as the litigation continues. In the meantime, the preliminary injunction will remain in effect while the case proceeds.
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