A federal judge in Oregon issued a temporary restraining order that prevents Kristi Noem’s Homeland Security officers from using “chemical or projectile munitions” against people gathered outside a U.S. Immigration and Customs Enforcement facility in Portland. Officers must first give clear warnings to disperse and face an imminent threat of harm.
U.S. District Judge Michael H. Simon stated that the court must protect the rights of individuals to protest and report on government actions without behavior that can intimidate speech and journalism. Simon began his 22-page order by noting that the country is “at a crossroads,” highlighting the contrast between constitutional protections for protest and journalism and the practices of an “authoritarian regime.”
The order temporarily limits the use of crowd-control weapons during demonstrations outside the ICE building in Portland’s South Waterfront area. Protests have focused on President Donald Trump’s deportation agenda and federal immigration enforcement activities.
The American Civil Liberties Union of Oregon filed the lawsuit on behalf of protesters and journalists. They argued that federal officers used excessive force and retaliated against activities that are protected. The ACLU said the case, filed as Dickinson (also known as “the Portland Chicken”) v. Trump, sought emergency relief after repeated uses of pepper balls, tear gas, and other projectiles.
According to the Associated Press, Simon’s restraining order lasts for 14 days. It prohibits officers from using chemical agents or projectile munitions against individuals who do not pose an imminent threat, including those who are merely trespassing.
The order also limits officers from firing projectiles at sensitive body areas, such as the head, neck, and torso, unless the legal standard for deadly force applies.
News reports and court documents mentioned injuries claimed by plaintiffs during otherwise peaceful protests. These include an older woman who suffered a concussion after being hit by a pepper ball and journalists who said officers shot at them with pepper balls or used chemical agents despite clear press identification.
Oregon Public Broadcasting reported that Simon’s order restricts the use of “chemical or projectile munitions” near the ICE building in the absence of an imminent threat and emphasizes the lack of prior dispersal warnings before officers used force.
The ruling quickly gained attention because it names the Department of Homeland Security and its leadership, including Secretary Noem, in a lawsuit regarding how federal officers manage demonstrations related to immigration enforcement.
The Washington Post reported that Portland Mayor Keith Wilson criticized federal tactics near the ICE building and urged the federal government to change its approach as residents expressed concerns about the effects of gas exposure and projectiles in the nearby area.
The Department of Homeland Security did not provide detailed public comments in early coverage of the order, although reports stated that federal officials blamed local authorities for the unrest around the facility.
Simon’s order does not prevent federal officers from enforcing laws at the ICE facility or from using force when officers face an imminent threat. However, it requires stricter limits and warnings before deploying crowd-control munitions. The case will proceed as the court considers whether to extend the restrictions through a preliminary injunction while litigation continues.
