The federal government is moving to appeal a recent court ruling that restricts how officers can respond to demonstrations outside an immigration facility in Portland.
According to court filings, officials plan to challenge an order issued by Michael H. Simon that limits the use of force against protesters near a local office of U.S. Immigration and Customs Enforcement.
Details of the injunction
The ruling, issued on March 9, placed strict limits on the use of crowd-control weapons, including tear gas, pepper spray, flash-bang devices, and other projectiles. The court determined that such measures could only be used when there is an immediate threat of physical harm.
The judge also prohibited officers from targeting individuals’ heads, necks, or torsos unless deadly force is legally justified. Additionally, chemical sprays may not be used on individuals unless they are actively resisting.
The decision followed a multi-day hearing in a case brought by protesters and journalists against the U.S. Department of Homeland Security.
Expansion of protections
The court also expanded the scope of the case to include a broader group—covering all nonviolent demonstrators and members of the media documenting protests at the site.
The judge concluded that plaintiffs presented evidence suggesting that excessive force had been used in a way that could discourage constitutionally protected rights, including freedom of speech and press.
Government response and next steps
Federal attorneys have filed notice of their intent to appeal to the Ninth U.S. Circuit Court of Appeals. They are also expected to request an emergency pause on the ruling while the appeal is considered.
Separately, the Justice Department is contesting another court order issued by Amy Baggio, which restricts the use of tear gas near a nearby residential complex.
Ongoing protests
Demonstrations have been ongoing outside the facility since mid-2025, driven by opposition to federal immigration enforcement policies.
Civil rights advocates, including attorneys from the American Civil Liberties Union, say they will continue defending the rights of protesters and journalists as the legal battle unfolds.
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