Federal Appeals Court Suspends Limits on Tear Gas Use at Portland ICE Protests

The U.S. Court of Appeals for the Ninth Circuit has temporarily suspended two lower court rulings that restricted federal agents from using tear gas and other crowd-control munitions during protests near the U.S. Immigration and Customs Enforcement (ICE) building in Portland, Oregon. The 2-1 ruling grants the Trump administration's request for temporary administrative stays in two cases filed against federal agents' crowd-control tactics.

Protests Spark Legal Challenges

Anti-ICE demonstrators have gathered outside the Portland ICE building since June, protesting President Donald Trump's immigration policies. The lawsuits, brought by the American Civil Liberties Union of Oregon and residents of a nearby affordable housing complex, allege that federal agents' use of chemical and projectile munitions violated plaintiffs' rights. Plaintiffs included a demonstrator in a chicken costume, an elderly couple, and freelance journalists who reported being targeted with tear gas and pepper spray.

The Department of Homeland Security has stated that agents 'followed their training and used the minimum amount of force necessary to protect themselves, the public, and federal property.'

Lower Court Rulings Temporarily Halted

Earlier this month, federal judges in Portland issued preliminary injunctions limiting the use of tear gas, pepper spray, and other munitions unless individuals posed an imminent threat of physical harm. Agents were also prohibited from firing munitions at the head, neck, or torso unless justified in using deadly force and instructed to avoid indiscriminate use of pepper spray against groups. However, the Ninth Circuit's decision pauses these restrictions pending further review.

Oral arguments in the consolidated cases are scheduled for April 7. Portland Mayor Keith Wilson previously called on ICE to leave the city, criticizing federal agents' use of chemical munitions during what he described as peaceful protests. The mayor accused federal officials of 'trampling the Constitution' and urged ICE employees to resign.