A federal judge in Oregon has temporarily limited federal officers’ use of force on peaceful protesters outside the Immigration and Customs Enforcement building in Portland.
The decision Tuesday applies only outside the federal facility in Portland. It blocks federal officers from using “chemical or projectile munitions,” including pepper balls, tear gas and other crowd control munitions “unless the specific target of such a weapon or device poses an imminent threat of physical harm to a law enforcement officer or other person.”
“In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated. In an authoritarian regime, that is not the case,” U.S. District Court Judge Michael Simon wrote in a 22-page temporary restraining order.
“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.”
The ruling also blocks federal officers from firing munitions or using weapons directed “at the head, neck, or torso of any person, unless the officer is legally justified in using deadly force against that person.”
Simon’s order comes after months of Homeland Security officers using tear gas and other chemical munitions on protesters. Over the weekend, the use of force appeared to escalate after federal officers fired tear gas at protesters outside the ICE building that then drifted into a larger group of nonviolent demonstrators, including children and elderly people.
While some protesters have been charged and pleaded guilty to crimes outside the ICE facility, many others engaged in nonviolent protests, such as holding signs on public property, have also been harmed by federal officers’ use of force.
The temporary restraining order goes into effect for 14 days and could be renewed. Simon has scheduled a hearing on the underlying lawsuit for March 2, where he’ll take testimony from witnesses. That evidence could form a basis for an injunction should the judge deem it necessary.
The case before Simon was led by the ACLU of Oregon. Some protesters have stated in court filings that the use of tear gas and other chemical munitions makes them fearful of participating in other peaceful demonstrations.
Attorneys for the U.S. Department of Justice have said Homeland Security officers are following their use-of-force policies. The Department of Homeland Security did not immediately respond to a request for comment.
This is a breaking news article and will be updated.
