Federal Judge Blocks ICE From Using Tear Gas and Pepper Spray at Portland Facility After Excessive-Force Findings

PORTLAND, Ore. — A federal court judge granted a temporary restraining order against the Department of Homeland Security (DHS) after finding excessive force was used outside of the Immigration and Customs Enforcement (ICE) facility in South Portland.

Oregon Court Restraining Order Prevents ICE From Deploying Tear Gas And Pepper Spray

Following ongoing and escalating use of chemical munitions against protesters by ICE at the Portland ICE facility, also known as the Lindquist Building, plaintiffs, led by Jack Dickinson, also known as “the Portland Chicken,” and including an elderly couple, veterans, and journalists, filed a lawsuit alleging First Amendment retaliation.

The plaintiffs claimed federal agents violated their rights through excessive force and viewpoint discrimination.

U.S. District Judge Michael H. Simon granted a temporary restraining order yesterday, emphasizing the importance of free speech, newsgathering, and nonviolent protest in a constitutional democratic republic in his judgment, and comparing them to those of authoritarian regimes.

Judge Simon wrote in his decision, “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.”

As a result, the Court granted the motion for a temporary restraining order (TRO) after finding that DHS has been indiscriminately using chemical munitions. DHS must pause doing so until the decision on the merits is made.

The TRO prohibits federal agents and their associates from using chemical or projectile munitions unless there is an imminent threat of physical harm. It also restricts the use of less lethal weapons unless legally justified. The order will remain in effect for 14 days.

The plaintiffs have until February 12 to file a motion for a preliminary injunction, with a hearing scheduled for March 2, 2026. If necessary, the plaintiffs could extend the TRO.

Portland ICE Tactics Have Been Echoing Since 2020

In the court hearing, the plaintiffs argued that federal officers engaged in violent tactics last weekend that are reminiscent of those used during “Operation Diligent Valor” in 2020. In 2025, only one protest in Portland was declared a riot, and the Portland Police Bureau (PPB) did not declare a riot during the protests over the weekend.

There were also no arrests during the protest, but since June 2025, 86 ICE protest-related arrests have been made.

Portland has been a national test case for federal crowd-control tactics since 2020, including a DHS oversight review of the federal response, and the latest ICE-facility lawsuit again showcases the Court’s scrutiny of federal protest policing.

GAO, the federal Government Accountability Office, indicated that 4 agencies reported a total of over 700 less-lethal force incidents during the 2020 federal deployment in Portland, confirming the sheer scale of force used at the time.

The ACLU of Oregon cooperating attorneys in the latest lawsuit, where a TRO was granted, include Albies & Stark, the People’s Law Project, and Tonkon and Torp. ACLU, along with several attorneys, filed a class-action lawsuit against the Trump administration in November 2025.