Federal Judge Temporarily Limits ICE Use Of Tear Gas In Portland
Judge gives federal officers 14 days to stop using chemical and projectile munitions unless a person poses an imminent threat of physical harm.
Overview
U.S. District Judge Michael Simon issued a 14-day temporary restraining order barring DHS officers from using chemical or projectile munitions at the Portland ICE building unless a person poses an imminent threat, the order says.
Simon issued the order after agents launched gas at a crowd that included young children and after a lawsuit filed by the ACLU of Oregon on behalf of protesters and freelance journalists challenged DHS tactics.
DHS spokesperson Tricia McLaughlin said officers "followed their training" and used the minimum force necessary, while Portland Mayor Keith Wilson said the ruling confirms federal agents used "unconscionable levels of force," his office said.
The order covers kinetic impact projectiles, pepper balls, oleoresin capsicum spray, tear gas, 40mm and 37mm launchers, less-lethal shotguns and flashbang or rubber ball grenades, the opinion states.
Simon wrote that the nation "is now at a crossroads" and the 14-day TRO remains in effect as the case proceeds, with federal appeals courts already weighing similar restrictions in Minnesota and Chicago, the opinion says.
Analysis
Center-leaning sources frame the story by foregrounding judicial rebuke and humanizing victims while treating official defenses as brief, situational rebuttals. Editorial choices — lead placement of the judge’s constitutional language, repeated use of 'peaceful' and vivid injury anecdotes (elderly couple, costumed protester) — prioritize protesters’ harms over extended DHS justification.
Sources (3)
FAQ
The order prohibits kinetic impact projectiles, pepper balls, oleoresin capsicum spray, tear gas, 40mm and 37mm launchers, less-lethal shotguns, and flashbang or rubber ball grenades unless a person poses an imminent threat.
The ACLU of Oregon filed the lawsuit on behalf of protesters and freelance journalists challenging DHS tactics.
DHS spokesperson Tricia McLaughlin stated that officers followed their training and used the minimum force necessary.
Mayor Wilson called the federal agents' use of force unconscionable and stated the ruling confirms it, demanding ICE leave the city.
The 14-day temporary restraining order remains in effect as the case proceeds, with similar restrictions being considered in appeals courts in Minnesota and Chicago.
History
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