US judge restricts federal agents’ use of tear gas at Portland immigration protests
Temporary order limits chemical, projectile munitions unless protesters pose imminent threat, media reports
ANKARA
A federal judge in Oregon has temporarily restricted federal officers from using tear gas and other chemical or projectile munitions during protests outside a US Immigration and Customs Enforcement building in Portland, media reports said on Tuesday.
US District Judge Michael Simon issued a 14-day temporary restraining order on Tuesday, days after federal agents used tear gas on a crowd that local officials described as peaceful, including families with young children, according to CBS News.
Under the ruling, federal officers are barred from using chemical or projectile munitions unless a targeted individual poses an “imminent threat of physical harm.”
The order also prohibits officers from firing such munitions at a person’s head, neck, or torso unless they are legally justified in using deadly force.
Simon wrote that the country “is now at a crossroads,” emphasizing the role of the judiciary in safeguarding constitutional rights.
“In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated,” he said.
The order covers a wide range of crowd-control weapons, including tear gas, pepper spray, pepper balls, kinetic impact projectiles, flashbang grenades, and so-called less-lethal launchers.
The decision followed a lawsuit filed by the American Civil Liberties Union of Oregon on behalf of protesters and freelance journalists.
The suit names the Department of Homeland Security, its head Kristi Noem, and President Donald Trump as defendants, arguing that the use of chemical munitions amounted to retaliation that chilled First Amendment rights.
The Department of Homeland Security said its officers had “followed their training” and used only the minimum force necessary.
“The First Amendment protects speech and peaceful assembly — not rioting,” spokesperson Tricia McLaughlin said in a written statement.
Portland Mayor Keith Wilson welcomed the ruling, saying it “confirms what we’ve said from the beginning,” and accused federal agents of using excessive force against peaceful demonstrators.
The lawsuit details multiple incidents, including elderly protesters and journalists being struck by pepper balls or exposed to tear gas.
One case involved an 83-year-old Vietnam War veteran and his wife, who were injured during an October protest, according to the complaint.
Judges in other states have considered similar restrictions as protests against federal immigration enforcement have spread nationwide.
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