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Federal Judge Weighs Limits on Agents' Use of Force After Portland ICE Protests

Federal judge in Oregon considers temporary restrictions on agents' use of force at Portland ICE facility after tear gas deployment on protesters, including families and children.

Jasmine Walker

Jasmine Walker

Federal Judge Weighs Limits on Agents' Use of Force After Portland ICE Protests

A federal judge in Oregon is thinking about a temporary order that would put limits on how federal agents can use force during protests outside an Immigration and Customs Enforcement facility in Portland.

Agents used tear gas, pepper balls, and rubber bullets on Saturday against a large crowd protesting near the South Waterfront ICE building. This hearing is happening after that. Keith Wilson, the mayor of Portland, said that the event was mostly peaceful and that most of the people there did not break any laws or pose a threat.

Saturday's protest was part of a larger set of protests across the country against the current administration's immigration policies and recent deadly encounters between federal agents and civilians in Minneapolis, where two U.S. citizens died.

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They are using tear gas on kids. They are using tear gas on older people. They're using tear gas on families.

Lawyer Matthew Borden at a court hearing

Witnesses said that things were very chaotic, like when a tear gas canister broke a window in an apartment and parents ran to protect their kids in strollers. One person who lived there said it was terrifying to see families trying to get away while agents kept using chemicals.

Last November, the American Civil Liberties Union of Oregon filed a class-action lawsuit against what they say is repeated retaliatory violence by federal officers at the Portland ICE location.

Protesters gathered outside Portland ICE facility amid tear gas deployment

Mayor Wilson publicly asked ICE agents to leave the city, saying that their repeated use of force against protesters had taken away its legitimacy and replaced it with shame.

Court News and Legal Arguments

On Monday, lawyers showed U.S. District Judge Michael H. Simon evidence of the weekend events as part of a larger pattern. They said that federal officers used more force even when protesters were trying to back away.

The judge said he would decide by Tuesday whether to issue a temporary restraining order that would limit how much force agents could use at future demonstrations at the facility.

Health Concerns and Historical Context

There have been a lot of protests in Portland over the years that have used a lot of tear gas. Investigations found that chemical agents were used at levels far above federal safety limits during protests in 2020 after George Floyd's death, which raised serious public health concerns.

Federal agents and protesters facing off outside Portland ICE building

What You Should Learn from the Case

The plaintiffs want the lawsuit to stop what they call retaliatory violence by federal officers.

Recent protests were sparked by actions taken to enforce immigration laws and deadly events involving federal agents.

Witnesses say that tear gas was used on families and peaceful protesters without any reason.

Mayor says most of the protest on Saturday was peaceful

Tear gas, pepper balls, and rubber bullets were used

Judge will decide on the use of force by Tuesday

The ACLU of Oregon filed a lawsuit in November

The outcome could limit how the federal government can respond to protests at immigration facilities.

More general effects

This case shows that there is more and more tension between federal immigration enforcement and people's right to protest. The judge's decision could affect how agents deal with future protests in Portland and maybe even across the country.

People who care about public health are still worried about the use of tear gas, especially near homes and families.

You have lost all credibility because of your use of violence and your trampling of the Constitution.Keith Wilson, Mayor of Portland

Protests against immigration policies are still going on all over the country. The Portland case may be a key test of how to balance the power of law enforcement with the rights of protesters and journalists under the Constitution.


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Jasmine Walker
Jasmine Walker

Civil Rights Author

Jasmine Walker reports on civil rights, social justice movements, voting rights, policing reform, and equality issues across the United States.