A federal judge has extended a temporary order that limits federal law enforcement officers from using certain kinds of force outside the U.S. Immigration and Customs Enforcement building in Portland.
U.S. Court Judge Michael Simon said Tuesday he would extend the order he first issued Feb. 3 for another 14 days. The order applies only to the area surrounding the Portland ICE building, a venue where for months protesters have gathered in groups both large and small to oppose the Trump administration’s aggressive immigration enforcement tactics.
Thick clouds of tear gas, deployed by federal immigration officers, fill the air hundreds of protesters, including children and elderly people, try to escape outside of the ICE building in Portland, Jan. 31, 2026.
Eli Imadali / OPB
Simon’s temporary order restricts federal law enforcement officers from using “chemical or projectile munitions,” including tear gas, pepper balls and other crowd control munitions, “unless the specific target of such a weapon or device poses an imminent threat of physical harm to a law enforcement officer or other person.” The order also prevents federal officers from directing weapons at the head, neck or torso of people outside the ICE building, unless use of deadly force could be legally justified.
Justice Department attorneys representing the U.S. Department of Homeland Security opposed any extension of Simon’s restraining order. A spokesperson for the agency told OPB earlier this month that federal law enforcement officers have “followed their training and used the minimum amount of force necessary to protect themselves, the public, and federal property.”
The case arises out of efforts by the ACLU of Oregon to protect protesters who claim they have been subjected to tear gas and other force while they’re engaged in nonviolent protest protected by the Constitution.
Related conflicts swirl near ICE building
A separate federal case involving the affordable housing complex kitty-corner from the Portland ICE building deals with many of the same tactics from DHS officers.
Last week, U.S. District Court Judge Amy Baggio heard testimony in court from residents at Gray’s Landing about how tear gas has penetrated their apartment walls. Several witnesses took the stand on Friday and told Baggio how the frequent use of chemical munitions has degraded their quality of life.
Baggio could issue a more permanent ruling as soon as this week that may also restrict chemical munitions near the Portland ICE building.
On yet another separate track — this one involving the city of Portland’s oversight of the ICE building — the city announced Friday it may soon begin issuing fines against the building’s owner for violating its land use policy.
Hearing set for March
Since June, when the protests outside the Portland ICE facility began in earnest, federal prosecutors say they’ve charged more than 40 protesters with crimes ranging from damaging government property to assaulting federal officers.
In a legal filing in support of extending the restraining order, ACLU of Oregon Legal Director Kelly Simon argued that the Justice Department has not submitted evidence to support the government’s position that the judge’s temporary restraining order should be dissolved.
“Nor have they made any effort to dissolve the TRO despite having the right to,” the ACLU’s Simon wrote in a court filing Monday.
The restraining order comes ahead of a March 2 hearing on the underlying lawsuit, when Judge Simon will hear testimony from witnesses. The evidence could form a basis for a more permanent order limiting how federal officers use force near the Portland ICE building.
OPB’s Troy Brynelson contributed to this article.
