Appeals court halts restrictions on use of tear gas at Portland anti-ICE protests

An appeals court has halted several lower court rulings in Oregon that limited federal agents’ use of tear gas and other crowd control weapons during protests outside the US Immigration and Customs Enforcement building in Portland.

The U.S. Court of Appeals for the Ninth Circuit granted the Trump administration’s request for an administrative stay in two cases in a 2-1 decision.

Anti-ICE protesters have held protests at the building since June, as part of protests across the country challenging President Donald Trump’s mass deportation plan.

Two lawsuits were filed over federal agents’ crowd control tactics — one brought by the American Civil Liberties Union of Oregon on behalf of protesters and independent journalists and another brought by residents of an affordable housing complex across the street from the ICE building.

OREGON JUDGE LIMITS FEDERAL AGENTS’ USE OF SPACE GAS AT PORTLAND BIKES

The complaints say federal agents’ use of chemical and projectile munitions violated the rights of the plaintiffs – including a protester known for wearing a chicken costume, a married couple in their 80s and two independent journalists who said federal agents used chemical spray and projectile munitions against them.

The Department of Homeland Security has previously said that agents “followed their training and used the minimum amount of force necessary to protect themselves, the public and federal property.”

Earlier this month, federal judges in Portland presiding over separate cases both issued preliminary injunctions limiting the use of federal gas, pepper spray and other chemical weapons unless someone poses a threat of physical harm.

The agents were also instructed not to fire weapons at the head, neck or waist “unless the officer has a lawful reason to use deadly force against that person” and were told not to use pepper spray on the group in an indiscriminate manner that would affect bystanders. Additionally, they were told to target only people who committed violent illegal acts or who steadfastly resisted arrest, noting that breaking the law, refusing to move and refusing to obey the order to disperse are acts of passive resistance, not active resistance.

ICE officers deploy pepper balls, tear gas, and flashbang grenades as hundreds of protesters march from Portland City Hall to an ICE facility in Portland, Oregon, on Feb. 1, 2026. (Sean Bascom/Anadolu via Getty Images)

“Plaintiffs have provided numerous videos, which have been admitted into evidence and which show unequivocally that DHS officers sprayed OC Spray directly into the faces of peaceful and non-violent protesters who objected to the firing of tear gas and pellet guns into crowds of peaceful and non-violent protesters,” US District Judge Michael wrote in his March 9 ruling.

“The behavior of the defendants – harming protesters and journalists without prior dispersal warnings – is deplorable,” he added.

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The Ninth Circuit panel on Wednesday said oral arguments in the two cases will be consolidated and scheduled for April 7.

Earlier this year, Portland Mayor Keith Wilson asked ICE to leave the city after federal agents fired tear gas into a crowd of protesters outside the agency’s building. The mayor described the protests as peaceful and condemned the use of pepper balls, flash-bang grenades and rubber bullets by government officials.

Jack Dickinson, dressed in a chicken costume, looks at other protesters outside an ICE facility in Portland, Oregon, on Monday, Oct. 20, 2025. (AP Photo/Jenny Kane)

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“The military used large waves of chemical weapons, which contributed to the peaceful demonstration during the day where most of the participants did not break the law, did not pose a threat, and did not pose a threat to the forces,” he said in a statement at the time.

“To those who continue to work for ICE: Stop. To those who control this agency: Go,” he added, accusing government officials of “trampling on the Constitution.”

The Associated Press contributed to this report.