The U.S. Court of Appeals for the Ninth Circuit temporarily paused lower court injunctions that limited federal agents’ use of tear gas and other crowd-control munitions during protests outside the Immigration and Customs Enforcement (ICE) building in Portland, Oregon. The 2-1 ruling granted the Trump administration’s request for administrative stays in two ongoing cases.
Legal Challenges to Federal Crowd-Control Tactics
Federal agents have faced protests at the Portland ICE facility since June as part of nationwide demonstrations against the Trump administration’s immigration enforcement policies. Two lawsuits were filed over the agents’ crowd-control methods: one by the American Civil Liberties Union (ACLU) of Oregon on behalf of protesters and freelance journalists, and another by residents of an affordable housing complex near the ICE building.
These suits allege the use of chemical sprays and projectile munitions violated the plaintiffs’ rights. Among the complainants are a demonstrator known for wearing a chicken costume, a married couple in their 80s, and two journalists. The Department of Homeland Security defended the agents, stating officers used the minimum force necessary to protect themselves, the public, and federal property.
Previous Court Rulings and Ninth Circuit Action
In early March, federal judges in Portland issued preliminary injunctions restricting tear gas and similar munitions use unless there is an imminent threat of harm. They prohibited targeting the head, neck, or torso except where deadly force is legally justified and barred indiscriminate pepper spray use on groups of bystanders. The injunctions also limited targeting to those engaging in violent or actively resisting conduct, excluding passive resistance such as trespassing or refusing to disperse.
U.S. District Judge Michael Simon criticized the agents’ conduct, citing videos showing chemical agents sprayed directly at peaceful protesters and journalists without prior warnings. The Ninth Circuit panel will hold consolidated oral arguments on April 7 in the two cases.
Local Officials and Public Response
Portland Mayor Keith Wilson previously condemned federal agents’ use of chemical munitions during peaceful protests outside the ICE building, calling for the agency’s withdrawal from the city. The mayor described the majority of protesters as law-abiding and accused federal officials of constitutional violations.
The ongoing legal and political disputes highlight tensions over federal law enforcement tactics amid contentious immigration debates in Portland.
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