Oregon Judge Limits Federal Use of Tear Gas at Protests

Thu Feb 05 2026 01:31:27 GMT+0200 (Eastern European Standard Time)

In a landmark ruling, a federal judge in Oregon has temporarily restricted federal officers from deploying tear gas at protests outside the U.S. Immigration and Customs Enforcement building, highlighting First Amendment rights amidst growing tensions.

On Tuesday, U.S. District Judge Michael Simon's ruling came after a lawsuit from the ACLU of Oregon, limiting the conditions under which federal officers can use chemical munitions. This decision responds to concerns about excessive force during protests, particularly involving vulnerable individuals such as elderly citizens and journalists.

PORTLAND, Ore. — A federal judge in Oregon has issued a temporary restraining order that limits federal officers from using tear gas against protesters outside the U.S. Immigration and Customs Enforcement (ICE) building in Portland. This decision comes in the wake of recent incidents where agents deployed tear gas on demonstrators, some of whom were identified as peaceful, including young children.

U.S. District Judge Michael Simon determined that federal officers may only use chemical munitions if a targeted individual poses an imminent threat of physical harm. Additionally, he ruled that munitions cannot be fired at the head, neck, or torso unless deadly force is legally justified.

Simon emphasized the importance of free speech and peaceful assembly in a democratic society, stating, In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated. His order is set to remain in effect for 14 days.

This ruling follows a lawsuit filed by the ACLU of Oregon on behalf of protesters and freelance journalists. The suit names the Department of Homeland Security and its head, Kristi Noem, as defendants, alleging that the use of chemical munitions is a direct threat to constitutional rights, chilling free expression.

The Department of Homeland Security defended its actions, arguing that federal officers acted within their training and have employed the minimum force necessary to safeguard themselves and federal property.

Judicial scrutiny of federal officers’ use of chemical munitions in protests has been ongoing nationwide, echoed by recent rulings in other states. Reports of excessive force have been documented, notably instances where elderly citizens and journalists sustained injuries.

Amid these events, Portland Mayor Keith Wilson has vocally criticized the use of chemical munitions, demanding an end to their deployment against peaceful protesters. The protests represent widespread opposition to federal immigration enforcement actions in various cities across the country.