A federal judge issued a temporary order Tuesday restricting the use of force by federal officers at the U.S. Immigration and Customs Enforcement (ICE) building in Portland, Oregon. The order prohibits the use of tear gas, pepper balls, rubber bullets, and other munitions against individuals unless they pose an “imminent threat of physical harm” to others.
Judge Cites Pattern of Excessive Force
U.S. District Judge Michael H. Simon, in a 22-page opinion, found that the “repeated shooting and teargassing of nonviolent protesters” at the ICE building was likely to continue. He wrote that the “violence” by federal officers “is in no way isolated,” and that statements from Department of Homeland Security (DHS) officials suggest a culture that “celebrates violent responses over fair and diplomatic ones.”
The ruling stems from a case brought by plaintiffs including Jack Dickinson, known for wearing a chicken suit with an American flag to protests, and Laurie and Richard Eckman, a Portland couple in their 80s. Freelance journalists Mason Lake and Hugo Rios are also plaintiffs in the suit, submitting video evidence of the force used against protesters.
Restrictions on Munitions and Targeting
Judge Simon’s order specifically prevents federal officers from firing weapons at the head, neck, or torso of individuals unless deadly force is legally justified. It also prohibits the use of chemical or projectile munitions against individuals alleged to have trespassed or disobeyed dispersal orders.
The judge directed DHS officials to distribute the order to all federal officers assigned to the ICE facility and confirm they have received it.
What Happens Next?
Judge Simon has scheduled a hearing for March 2 to consider whether to convert the 14-day temporary order into a longer-lasting preliminary injunction. If the plaintiffs successfully argue for a preliminary injunction, the restrictions could remain in place for the duration of the legal proceedings. A U.S. Homeland Security spokesperson equated the Portland demonstrations to rioting, suggesting the agency may challenge the order and continue to defend its actions. It is also possible the plaintiffs will seek to expand the case into a class-action lawsuit.
Frequently Asked Questions
What prompted this legal action?
The lawsuit was filed last year by demonstrators and freelance journalists who accused federal officers of using excessive force against peaceful protesters outside the ICE building in Portland.
What specific actions are now prohibited?
Federal officers are prohibited from using tear gas, pepper balls, rubber bullets, or other similar munitions against individuals unless those individuals pose an “imminent threat of physical harm” to others.
Does this order apply to everyone at the protests?
The order applies to anyone at or around the ICE building at South Macadam Avenue and Bancroft Street, not just the named plaintiffs in the lawsuit.
As communities continue to grapple with issues of immigration and protest, how might this ruling influence the balance between security measures and the protection of First Amendment rights?
