Judge hears lawsuit over ICE tear gas use on protesters
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A federal judge is set to decide whether limits should be placed on when ICE agents can use weapons like tear gas in Portland. Photo: Sean Bascom/Anadolu via Getty Images
A federal judge heard arguments Monday in a lawsuit seeking to block U.S. Immigration and Customs Enforcement agents from using tear gas on protesters near an ICE facility in South Portland.
Why it matters: The hearing followed a weekend in which federal agents used chemical munitions on large crowds — including children — raising constitutional questions about how federal officers police protests.
State of play: A group of protesters and journalists, represented by the American Civil Liberties Union, sued last month alleging the feds' use of tear gas, flash-bang grenades and pepper spray on people who posed no threat to ICE agents was a violation of their First Amendment rights, per the Oregonian.
- Judge Michael Simon on Friday urged the two sides to come to an agreement on temporary restrictions for ICE agents, but they were unable to do so.
- Thousands gathered for a labor union-led rally in South Portland on Saturday and marched in front of the ICE building.
- Federal officers unleashed clouds of tear gas after a small group of demonstrators blocked the building's driveway.
A smaller group of protesters gathered near the facility on Sunday and were again met with tear gas — the scent of which was noticeable as far away as the Ross Island Bridge, per OPB.
Between the lines: The prolific use of tear gas was met with widespread condemnation by city leaders, with Mayor Keith Wilson calling on ICE agents to resign and City Councilor Sameer Kanal saying he was working on a citywide ban on the use of tear gas.
The latest: Simon heard arguments from the ACLU and the U.S. Department of Justice on Monday.
- "They're teargassing children. They're teargassing elderly people. They're teargassing families. And this is all when we had the TRO [temporary restraining order motion] pending, and when people were filming them," Matthew Borden, an attorney for the plaintiffs, told the court, per the Oregonian.
- Lawyers for the government argued that the agents' use of force falls within the department's guidelines and said any ruling from the judge could only be narrowly applied to the people who brought the lawsuit and could not be a wider ban on the use of chemical munitions.
What's next: Simon gave both sides until the end of the day Monday to submit any additional arguments and said he would issue a ruling Tuesday.