Judge restricts federal agents from using tear gas, projectile munitions at Portland immigration protests

A judge in Oregon on Tuesday temporarily restricted federal officers from using tear gas at protests at the U.S. Immigration and Customs Enforcement building in Portland, just days after agents launched gas at a crowd of demonstrators, including young children, that local officials described as peaceful. In:

A judge in Oregon on Tuesday temporarily restricted federal officers from using tear gas at protests at the U.S. Immigration and Customs Enforcement building in Portland, just days after agents launched gas at a crowd of demonstrators, including young children, that local officials described as peaceful.

U.S. District Judge Michael Simon ordered federal officers to not use chemical or projectile munitions unless the person targeted poses an imminent threat of physical harm. Simon also limited federal officers from firing munitions at the head, neck or torso "unless the officer is legally justified in using deadly force against that person."

Simon, whose temporary restraining order is in effect for 14 days, wrote that the nation "is now at a crossroads."

"In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated," he wrote. "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."

The order applies to the use of "kinetic impact projectiles, pepper ball or paintball guns, pepper or oleoresin capsicum spray, tear gas or other chemical irritants, soft nose rounds, 40mm or 37mm launchers, less lethal shotguns, and flashbang, Stinger, or rubber ball grenades."