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In "a well-functioning constitutional democratic republic," said US District Judge Michael Simon, "free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated."
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.
This is indefensible.
During an Alex Pretti memorial bike ride in SW Portland, federal agents deployed tear gas as children were present.
Video shows a child believed to be around 7 years old fleeing the gas.
This is what “law enforcement” looks like now.
U.S. Immigration and… pic.twitter.com/PvJuyUSn1w
— Brian Allen (@allenanalysis) February 1, 2026
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.
"To those who continue to make these sickening decisions, go home, look in a mirror, and ask yourselves why you have gassed children."
The mayor of Portland, Oregon demanded that federal immigration enforcement officials leave his city after they were seen lobbing tear gas and flash bang grenades at demonstrators.
As reported by The Oregonian on Sunday, Portland Mayor Keith Wilson reacted with outrage after seeing federal agents deploying tear gas and firing rubber bullets at thousands of protesters who on Saturday marched to a US Immigration and Customs Enforcement (ICE) facility in the city's South Waterfront neighborhood.
Wilson called the agents' attacks on protesters a vast overreaction to a "peaceful daytime protest, where the vast majority of those present violated no laws, made no threat, and posed no danger to federal forces" stationed at the facility.
“To those who continue to work for ICE: Resign. To those who control this facility: Leave,” Wilson said. "Through your use of violence and the trampling of the Constitution, you have lost all legitimacy and replaced it with shame."
The mayor also heaped scorn on federal agents for employing such tactics when several children were present in the crowd.
"To those who continue to make these sickening decisions, go home, look in a mirror, and ask yourselves why you have gassed children," he said. "Ask yourselves why you continue to work for an agency responsible for murders on American streets. No one is forcing you to lie to yourself, even as your bosses continue to lie to the American people."
Erin Hoover Barnett, a former Oregonian reporter who attended the demonstration, told the paper that she saw "what looked like two guys with rocket launchers" who started dousing the crowd with tear gas on Saturday.
"To be among parents frantically trying to tend to little children in strollers," she said, "people using motorized carts trying to navigate as the rest of us staggered in retreat, unsure of how to get to safety, was terrifying."
A Portland protester identified only as Robin gave an account similar to Barnett's during an interview with local news station KPTV.
"About eight or 10 of them came out with guns whatever kind of guns they have and flash bombed just started throwing them at the crowd just exploding everywhere," said Robin. "It was like a war zone. It felt like we were under attack. I definitely got hit. I had to run around the corner and pour a bunch of water on my face."
One local protester identified only as Celeste told local news station KOIN 6 that she was out on the streets because she wanted to "fight tyranny."
"What’s happening in our streets with ICE is ridiculous," said Celeste. "It’s illegal. It’s got to be stopped. And no one’s going to stop it. Except we the people. We’ve got a tyrant in the White House, and no one will stop him but us.”
"The gridlock and partisanship we see in Washington, DC can be dispiriting. But history shows that states can build momentum that eventually leads to change at the federal level."
Even as President Donald Trump and his administration have been ripping up environmental and consumer protection regulations, a number of state laws are set to take effect next year that could at least mitigate some of the damage.
A Monday statement from Environment America and the Public Interest Network highlighted a number of new laws aimed at curbing corporate polluters and enhancing consumer welfare.
First, the groups highlighted "Right to Repair" laws set to take effect in Washington, Nevada, Oregon, and Colorado, which give people the right to repair their own appliances and electronics without burdensome costs or barriers.
The groups lavished particular praise on Colorado's "Right to Repair" laws that they said provide "the broadest repair protections in the country," with new regulations that will give businesses in the state "access to what they and independent repair providers need to fix their electronics themselves."
Illinois, meanwhile, will fully phase out the sale of fluorescent lightbulbs, which will be replaced by energy-efficient LED bulbs. The groups estimate that eliminating the fluorescent bulbs will collectively save Illinois households more than $1.5 billion on their utility bills by 2050, while also reducing energy waste and mercury pollution.
Illinois also drew praise for enacting a ban on polystyrene foam foodware that will take effect on January 1.
The groups also highlighted the work being done in Oregon to protect consumers with legislation mandating price transparency to eliminate surprise junk fees on purchases; prohibiting ambulance companies from socking out-of-network patients with massive fees for rides to nearby hospitals; and placing new restrictions on the ability of medical debt to negatively impact a person's credit score.
California also got a mention in the groups' release for closing a loophole that allowed supermarkets to continue using plastic bags and for creating a new privacy tool for consumers allowing them to request that online data brokers delete all of the personal information they have gathered on them over the years.
Emily Rusch, vice president and senior director of state offices for the Public Interest Network, contrasted the action being taken in the states to protect consumers and the environment with a lack of action being done at the federal level.
"The gridlock and partisanship we see in Washington, DC can be dispiriting," said Rusch. "But history shows that states can build momentum that eventually leads to change at the federal level. As we build on this progress in 2026, we look forward to working with anyone—Republican, Democrat, or independent—with whom we can find common ground."