Ninth Circuit Pauses Portland Limits on Federal Tear Gas Use at ICE Protests

The U.S. Court of Appeals for the Ninth Circuit has granted the Trump administration temporary administrative stays of two Oregon district court injunctions that sharply restricted federal agents’ use of tear gas and other crowd-control munitions outside the Portland ICE building. In a 2–1 order, the panel paused rulings in cases brought by the ACLU of Oregon on behalf of protesters and freelance journalists, and by residents of an affordable housing complex across the street, which had barred indiscriminate use of chemical agents and projectile munitions and limited head, neck, and torso shots to situations where deadly force would be justified. U.S. District Judge Michael Simon had found that video evidence showed DHS officers spraying OC directly into the faces of peaceful protesters and firing pepper balls into crowds without dispersal warnings, calling the conduct "objectively chilling" to speech. The Ninth Circuit consolidated the two appeals and scheduled oral arguments for April 7, meaning federal agents regain broader discretion in the area at least until the appellate court rules. The clash underscores ongoing national fights over federal protest policing, particularly at immigration facilities, and raises questions about how courts will balance claimed security needs with First Amendment and excessive-force claims.