Protesters try to escape the area and get tear gas out of their eyes and lungs after federal immigration agents deployed the chemical munition on a crowd of more than a thousand demonstrators, many of whom were with local unions and included elderly people and children, in the blocks surrounding the U.S. Immigration and Customs Enforcement facility in Portland, Ore., on Jan. 31, 2026.
Eli Imadali / OPB
A federal appeals court late Wednesday temporarily blocked a ruling that drastically limited when federal officers can use force on protesters outside the Immigration and Customs Enforcement building in Portland.
In a 2-1 decision, a three-judge panel with the Ninth Circuit Court of Appeals granted the Trump administration’s request.
The appeals court also appears to have consolidated two cases regulating the federal government’s response outside the Portland ICE facility. One was brought by demonstrators, who said they’d been subjected to excessive force by federal officers at the protests. The other by the tenants of an apartment complex nearby the ICE facility, who said the regular use of chemical munitions violated their constitutional rights.
In both cases, federal judges in Oregon issued injunctions this month that limited when officers with the Department of Homeland Security and other federal agencies can use crowd control weapons, such as tear gas and pepper balls.
“We are disappointed that the appeals court paused the injunction before hearing from our clients,” said Kelly Simon, legal director of the ACLU of Oregon, which led a coalition of attorneys representing the protesters. “We look forward to discussing the law and facts with the court, and intend to present our side promptly.”
The decision comes just days before the third “No Kings” rally is scheduled to take place. Several demonstrations are planned across the country, including in Portland.
The appeals court panel issued an expedited briefing schedule and agreed to hear oral arguments via Zoom on April 7, 2026, at 10 a.m. Pacific Standard Time.
This is a developing story and may be updated.
