Citing Threat of 'Authoritarian Regime,' Judge Orders ICE to Stop Tear-Gassing Protesters in Oregon

Warning that President Donald Trump's crackdown on immigrant communities, protesters who speak out for civil and human rights, and journalists who are reporting on the president's mass deportation campaign has placed the nation at a "crossroads," a US judge on Tuesday temporarily barred federal agents from launching tear gas, projectiles, and other chemicals at demonstrators in Portland, Oregon.

US District Judge Michael Simon in the District of Oregon ruled that for at least the next 14 days—a period that could be extended—federal agents with the Department of Homeland Security or other agencies can no longer use chemical or projectile munitions like tear gas or pepper balls unless the specific target poses an imminent threat of physical harm to a law enforcement officer or someone else.

Officers are also prohibited from firing any munition at a person's head, neck, or torso except in cases where deadly force would be justified, and from using a less lethal munition if doing so would endanger someone who doesn't pose an imminent threat.

Simon emphasized that he arrived at the ruling in order to preserve the United States' status as "a well-functioning constitutional democratic republic."

In such a country, wrote Simon, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated."

"In an authoritarian regime, that is not the case," he continued. "Our nation is now at a crossroads. We have been here before and have previously returned to the right path, notwithstanding an occasional detour. In helping our nation find its constitutional compass, an impartial and independent judiciary operating under the rule of law has a responsibility that it may not shirk."

The ruling pertains to the vicinity of the Portland Immigration and Customs Enforcement (ICE) Building, which has been at the center of protests against the agency's arrests and detention of immigrants in the Portland area.

Simon handed down the ruling days after thousands of residents assembled near the building to speak out against Trump's anti-immigration agenda, in which a majority of the people who have been detained in recent months have had no criminal records despite the president's claims that ICE is targeting the "worst of the worst" violent offenders. DHS agents have shot at least 13 people since September, and have killed two—Renee Good and Alex Pretti in Minneapolis. An off-duty ICE agent also fatally shot Keith Porter in Los Angeles.

The protest on Saturday in Portland was nonviolent and family-friendly, with children and senior citizens among those who gathered to speak out against the killings, deportations, and detentions.

But ICE agents nonetheless deployed tear gas at the crowd. They did so again the next day when hundreds of protesters rallied at City Hall and marched to the ICE Building. DHS claimed the protesters “threw objects at law enforcement and rocks at cameras." lreported that it had not verified those claims.

The ACLU, which filed a legal complaint to the judge Sunday night on behalf of protesters who had been affected by ICE's use of tear gas, said Tuesday that "not only are DHS’s extreme actions violating protesters’ First Amendment rights, but they also pose an imminent risk that officers will seriously maim or kill someone, as they have done repeatedly within the last few weeks in other parts of the country."

Kelly Simon, the legal director for ACLU of Oregon, said that "it has been inspiring to see Oregonians rising together with love, nonviolence, and creativity to oppose the Trump administration’s cruelty."

"The Department of Homeland Security’s pattern of violently retaliating against protesters and documenters flies in the face of any notion of order, safety, or freedom," she said. "This ruling affirms that, in Oregon, we still love our neighbors and believe in the power of our constitutional freedoms, including the freedoms of assembly, speech, and the press, to build a better future for all of us."

In its filing, the ACLU described several alleged acts of violence and excessive force by federal agents against peaceful protesters and journalists, including the use of a chemical impact munition against an 84-year-old woman who was "peacefully holding a sign on a public street" when she was hit in the head. She walked home "soaked in blood" and was later diagnosed with a concussion at an emergency department.

A freelance journalist was also allegedly shot in the groin with projectile munitions and suffered bruises, and on another occasion was maced in the face by an officer.

Jack Dickinson, a protester who has been dubbed the Portland Chicken for the chicken costume he's worn at anti-ICE demonstrations, said he was "grateful that Judge Simon agreed that cruelty is not an appropriate response to dissent."

"Since June, the Trump regime has subjected people in Portland to chemical weapons and violence because they are offended by our words," said Dickinson. "This administration should hear our grievances and halt their barbaric treatment of our communities. Until then, I hope Portland will continue to show up and exercise our First Amendment rights. Our voices are needed most in times like now."

Federal agents' use of tear gas and other chemicals also prompted a separate lawsuit recently, with a property management company joining a group of residents in an apartment building about 100 feet from the ICE building suing DHS because tear gas has clouded their homes for months—forcing some to sleep wearing gas masks.

One resident said she was also struck by rubber bullets that left her with welts and bruises.

Lawsuits challenging federal agents' deployment of chemicals and munitions have also been filed in Minnesota and Chicago.

An evidentiary hearing is scheduled for March 2 in Simon's courtroom regarding the question of whether the court should grant a preliminary injunction, further limiting the use of tear gas and other weapons against protesters and journalists.