Federal Judge Issues Temporary Ban on ICE Tear Gas in Portland
A federal judge has issued a significant temporary restraining order that prohibits Immigration and Customs Enforcement officers from firing tear gas and other chemical munitions at peaceful protesters outside the agency's facility in Portland, Oregon. The ruling comes after a lawsuit filed by demonstrators, including a man known as the "Portland Chicken," alleged indiscriminate and targeted violence by federal agents.
Judge Warns Nation at 'Crossroads' in Blistering Order
District Judge Michael Simon delivered a powerful 22-page order that temporarily blocks federal officers from using chemical agents and projectiles for at least 14 days in the vicinity of the ICE office in Portland's South Waterfront neighborhood. In his ruling, Judge Simon issued a stark warning about the state of American democracy.
"In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated," Judge Simon wrote. "In an authoritarian regime, that is not the case. Our nation is now at a crossroads."
The judge emphasized the judiciary's responsibility in maintaining constitutional principles, adding: "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."
Children and Elderly Among Those Targeted
The judge's order details multiple disturbing incidents involving vulnerable protesters. Among the most concerning cases cited was that of 84-year-old Laurie Eckman, who was struck in the head with a "chemical impact munition" while holding a sign during a demonstration. According to court documents, she walked home soaked in blood and required emergency room treatment for a concussion.
Her 83-year-old husband, Richard Eckman, who uses a walker, was also reportedly fired upon by officers. The order further describes how children were among those affected by tear gas deployments, with young protesters seen coughing, gasping for air, and having their eyes flushed with water by concerned adults.
The 'Portland Chicken' and Other Plaintiffs
Lead plaintiff Jack Dickinson, known locally as the "Portland Chicken" for attending protests in a distinctive yellow-fleece chicken costume with an American flag cape, experienced significant violence from federal officers. According to the judge's order, an officer shoved Dickinson with such force that he stumbled approximately 15 to 20 feet through the street.
During another demonstration, while sitting silently near the building's gate, officers fired a barrage of pepper balls and directly pepper sprayed him in the face. The lawsuit also documents incidents targeting journalists, including a filmmaker shot in the groin and maced in the face, and a photographer whose camera was deliberately disabled by an officer before he was hit with approximately 20 pepper balls.
Escalating Protests and Official Responses
Protests outside the Portland ICE facility have intensified over the past year in response to the Trump administration's mass deportation efforts and the recent fatal shootings of Renee Good and Alex Pretti in Minneapolis. The judge noted that violent incidents involving federal officers and demonstrators are "not infrequent" and appear to be "escalating."
Portland City Councilor Mitch Green condemned the federal agents' actions, stating: "Federal agents at the ICE facility tear gassed children. We must abolish ICE, DHS, and we must have prosecutions. I expect to see enforcement of our city code prohibiting the use of tear gas."
In contrast, Homeland Security assistant secretary Tricia McLaughlin blamed the volatile situation on protesters and local authorities "who fail to maintain law and order on their streets," asserting that the frequent disturbances at the Portland location were "not remotely ICE's fault."
Specific Restrictions Imposed
Judge Simon's order includes several specific prohibitions:
- Federal officers are barred from using chemical agents, pepper balls, rubber bullets, flash-bang grenades, or other projectiles against peaceful protesters
- Officers cannot target anyone's head, neck, or torso with such weapons unless legally justified in using deadly force
- The restrictions apply specifically to the area at or near the ICE office in Portland's South Waterfront neighborhood
- The temporary restraining order remains in effect for at least 14 days
The ruling represents one of several recent federal court decisions challenging ICE operations and the treatment of protesters as the Trump administration deploys thousands of officers to Democratic-led cities across the United States.
