Appeals Court Pauses Portland ICE Tear Gas Restrictions in Win for Trump Administration

PORTLAND, Ore. — After two out of three judges ruled in favor of the Trump Administration on Wednesday, the restrictions on chemical munitions outside the South Portland ICE facility placed on Homeland Security by two lower courts have been temporarily paused.

Earlier in March, the courts ruled in favor of Grays Landing residential complex and the ACLU of Oregon, restricting the use of tear gas on peaceful Portland protesters.

Gray’s Landing residents said that when tear gas and other chemicals are deployed, the chemicals seep into their homes, negatively affecting their health.

In both lawsuits, the plaintiffs argued that ICE agents’ use of chemical and projectile munitions violated the rights of nearby residents and protesters.

The 9th U.S. Circuit Court of Appeals ruled on the Homeland Security Appeal in both cases:

• An emergency hold was placed on the March 6 preliminary injunction of U.S. District Judge Amy Baggio in the Grays Landing case.
• A hold was also placed on the March 9 preliminary injunction by U.S. District Judge Michael J. Simon, barring federal officers from using indiscriminate force against protesters and journalists outside the ICE facility in the ACLU case.

While the Appeals Court Order does temporarily loosen restrictions on federal agents’ use of force against protesters, the ruling is not final. Oral arguments in both cases are scheduled for April 7.