Trending Now - Federal Judge Curbs Tear Gas Tactics for ICE Protests
WHO:
Sen. Ron Wyden, D-Ore.
Ashlee Albies, civil rights attorney with ACLU of Oregon, stated, “It sends a clear message that the government has to refrain from teargassing and using munitions against its own people merely for engaging in peaceful protest.”
U.S. District Judge Michael Simon
Ashlee Albies, civil rights attorney with ACLU of Oregon
Department of Homeland Security (DHS)
U.S. District Judge Michael Simon
American Civil Liberties Union (ACLU) of Oregon
Department of Homeland Security (DHS)
Protesters, including a demonstrator known for wearing a chicken costume, a married couple in their 80s, and two freelance journalists
Portland Mayor Keith Wilson
Ashlee Albies, civil rights attorney with ACLU of Oregon
WHAT:
Judge Simon stated that the videos presented in court were "both unambiguous and disturbing."
The preliminary injunction allows federal officers to use crowd control devices only if there is a specific and imminent threat of physical harm to officers or another person.
The ruling prohibits the use of pepper spray against a group in an indiscriminate way that would affect bystanders.
Judge Simon stated that federal officers had an unwritten policy to use excessive force on nonviolent protesters.
Simon found that federal officers violated DHS use of force policies by using crowd control devices on nonviolent protesters.
Simon emphasized that trespassing, refusing to move, and refusing to obey an order to disperse are acts of passive resistance, not active resistance.
Simon ordered that federal officers must wear identification for better accountability during protests.
Judge Simon issued a preliminary injunction limiting the use of tear gas and other crowd-control munitions by federal agents during protests.
The ruling prohibits the use of chemical or projectile munitions unless there is an imminent threat of physical harm.
The judge granted provisional class certification, covering all peaceful protesters and journalists at the ICE building.
Simon stated that the conduct of federal agents was "objectively chilling" to First Amendment rights.
The ACLU of Oregon filed the lawsuit in late 2025.
WHERE:
U.S. Immigration and Customs Enforcement (ICE) building, Portland, Oregon
Elizabeth Caruthers Park, Portland’s South Waterfront neighborhood
WHEN:
The preliminary injunction was issued on March 8th, 2026, following a three-day hearing.
The preliminary injunction will remain in place while the lawsuit proceeds, following the ruling on March 8th, 2026.
The preliminary injunction was issued on March 8th, 2026.
Protests occurred on January 31st, 2026.
A separate injunction was issued by another federal judge on March 3rd, 2026.
The ACLU filed the lawsuit in late 2025.
WHY:
The lawsuit argues that the use of chemical munitions by federal agents was retaliation against peaceful protesters, violating their First Amendment rights.
The ACLU of Oregon argued that the government must refrain from using tear gas and munitions against peaceful protesters.
The lawsuit argues that the use of chemical munitions by federal agents was retaliation against peaceful protesters, violating their First Amendment rights.
The ruling aims to address excessive force used by federal officers against nonviolent protesters.
HOW:
Simon noted that 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.
Simon noted that the evidence revealed no federal officer had been reprimanded or received corrective treatment after violating a use-of-force policy at the Portland ICE Building.
Simon indicated that investigations into the officers' conduct were not being conducted in a manner consistent with DHS’s written policies.
Judge Simon reviewed video evidence showing DHS officers using force against nonviolent protesters.
The ruling requires federal officers to wear identification for better accountability during protests.
(UPDATED March 10, 2026 15:14 UTC)
On March 8, 2026, a federal judge issued a preliminary injunction that restricts the use of crowd control devices by federal officers, allowing them only in cases of specific and imminent threats of physical harm. Judge Simon described the evidence presented in court as "both unambiguous and disturbing," highlighting that no federal officer has faced consequences for violating use-of-force policies at the Portland ICE Building. Civil rights attorney Ashlee Albies emphasized that this ruling sends a clear message against the government's use of teargas and munitions against peaceful protesters, which she argues violates their First Amendment rights.
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(UPDATED March 10, 2026 13:21 UTC)
In a significant ruling on March 8, U.S. District Judge Michael Simon found that federal officers had an unwritten policy of using excessive force against nonviolent protesters, violating Department of Homeland Security guidelines. The judge emphasized that actions like trespassing and refusing to disperse are forms of passive resistance, not active, and ordered that federal officers must wear identification for better accountability during protests. This preliminary injunction will stay in place as the lawsuit moves forward, following arguments from the ACLU of Oregon that the government should avoid using tear gas and munitions against peaceful demonstrators.
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(UPDATED March 10, 2026 11:13 UTC)
On March 8, 2026, U.S. District Judge Michael Simon issued a preliminary injunction that limits the use of tear gas and other crowd-control munitions by federal agents during protests, stating that such measures can only be employed in the face of an imminent threat of physical harm. This ruling, which stems from a lawsuit filed by the ACLU of Oregon in late 2025, covers all peaceful protesters and journalists at the ICE building in Portland, where Simon noted the conduct of federal agents was "objectively chilling" to First Amendment rights. Additionally, the judge mandated that federal officers must wear identification to ensure better accountability during protests.