Homeland Security Appeals Oregon Ruling That Restricts Tear Gas Use Near Portland ICE Facility

By Diane Megaw On Mar 17, 2026

The federal Department of Homeland Security filed a notice to appeal the recent preliminary injunction of U.S. District Judge Amy Baggio for Oregon, restricting its officers’ use of tear gas and other chemical munitions outside Portland’s immigration enforcement building yesterday.

The appeal to the 9th U.S. Circuit Court of Appeals comes after Judge Baggio refused to put a hold on her order pending the anticipated appeal in the main lawsuit on March 6.

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The appeal does not automatically pause Baggio’s order. She denied a stay pending appeal, so the tear gas limits remain in place unless the Ninth Circuit changes them.

Judge Baggio had ordered federal officers to stop unleashing tear gas that could seep into Gray’s Landing, a 209-unit, low-income apartment complex across the street from Portland’s ICE building, unless officers face an imminent deadly threat.

Based on the amount of chemical munitions used against protesters, the judge found that federal officers showed deliberate indifference and launched munitions contrary to their own use-of-force manuals.