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Federal agents must limit tear gas for now at protests outside Portland ICE building, judge says

The 14-day order limits use of chemical munitions to situations with imminent threats and bans targeting head, neck, or torso unless deadly force is justified, Judge Simon ruled.

  • On Feb. 3, 2026, U.S. District Judge Michael H. Simon temporarily limited federal officers' use of tear gas and projectile munitions outside the Portland ICE building unless the target poses an imminent threat.
  • After weekend clashes on Jan. 31 during a Labor Against ICE march, the ACLU of Oregon filed a lawsuit claiming federal agents' tear gas use chilled First Amendment rights of protesters and journalists.
  • Court filings show injuries: Laurie Eckman was hit in the head by a pepper ball and journalists Mason Lake and Hugo Rios were struck while marked as press, plaintiffs allege. `In an authoritarian regime, that is not the case` — Judge Simon.
  • The temporary restraining order lasts 14 days and Judge Simon scheduled a March 2, 2026, hearing where plaintiffs can seek a preliminary injunction.
  • Nationally, other courts have scrutinized federal agents' crowd-control tactics, with DOJ attorneys defending officer policies while Oregon congressional Democrats urged DHS withdrawal and Portland city officials enforce landlord fines since Jan. 1.
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Axios broke the news in Washington, United States on Monday, February 2, 2026.
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