A federal appeals court has temporarily halted restrictions on the use of force by federal officers outside an immigration facility in Portland, just days before a major protest is expected to draw large crowds.
Court Halts Lower Court Orders
The 9th U.S. Circuit Court of Appeals issued an emergency stay on two separate rulings from Oregon federal judges that had placed limits on how officers could respond to demonstrations near the U.S. Immigration and Customs Enforcement building.
One order, issued by Amy Baggio, restricted the use of tear gas and chemical agents that could affect nearby residential buildings. Another, from Michael J. Simon, set broader rules on the use of crowd-control tools such as pepper balls, flash-bangs, and smoke devices.
Split Decision by Appeals Panel
The decision to pause the restrictions came from a divided three-judge panel. Judges Eric C. Tung and Kenneth Kiyul Lee supported the temporary hold, while Ana de Alba dissented, arguing the government had not shown sufficient urgency to justify the move.
The court emphasized that the hold is temporary and meant to preserve the current situation while it reviews the case.
Hearing Scheduled for April
A hearing has been set for April 7, when the court will consider whether to extend the pause while the broader appeal continues.
Tensions Rise Ahead of Protest
The ruling comes ahead of a planned “No Kings” rally expected to bring significant turnout in Portland.
Federal attorneys argued that the earlier restrictions could limit officers’ ability to respond to potentially violent or disruptive protests. However, attorneys representing protesters and nearby residents said the original rulings were designed to ensure law enforcement follows established use-of-force policies.
Kelly Simon of the American Civil Liberties Union of Oregon expressed disappointment with the decision, stating that her team looks forward to presenting arguments in court.
Ongoing Legal Battle
The case highlights ongoing tensions between public safety concerns and civil rights protections as demonstrations continue near the federal facility.
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