Residents living near the U.S. Immigration and Customs Enforcement facility in Portland are voicing strong concerns after a federal appeals court temporarily lifted limits on the use of tear gas and similar crowd-control measures.
Court Ruling Puts Restrictions on Hold
A panel from the 9th U.S. Circuit Court of Appeals issued an emergency stay, pausing earlier rulings that had restricted federal officers from deploying chemical agents near residential areas.
The original orders—issued by Amy Baggio and Michael J. Simon—were designed to limit the use of tear gas and other crowd-control tools that could impact nearby apartments and bystanders.
Residents and Advocates Raise Alarm
Housing advocates and residents, including those connected to REACH Community Development, expressed disappointment with the court’s decision.
They argue that the use of chemical agents near residential buildings poses serious health and safety risks, particularly when deployed during protests.
In a public statement, the nonprofit criticized the ruling for being made before affected residents had a chance to fully present their concerns.
Concerns Over ‘Weapons of War’
Community members described the use of tear gas and similar munitions as excessive, especially in densely populated areas.
Past incidents near the facility reportedly resulted in gas and smoke drifting into nearby apartments, raising fears about long-term exposure and property damage.
Legal Battle Continues
Despite the setback, REACH and its partners say they will continue pursuing legal action against federal agencies, including the Department of Homeland Security, to reinstate protections for residents.
The appeals court’s decision is temporary, and further hearings are expected to determine whether the restrictions will be reinstated or permanently lifted.
Context: Protests and Federal Response
The dispute stems from ongoing protests outside the ICE facility, where federal officers have used various crowd-control methods, including tear gas, to manage demonstrations.
Lower court rulings had attempted to establish limits on these tactics, particularly in situations where they could affect nearby homes and non-participants.
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