Federal law enforcement officers currently have no court-imposed restrictions on the use of tear gas outside a key immigration facility in Portland, following a recent appellate court decision issued just before a major protest.
The 9th U.S. Circuit Court of Appeals declined to reconsider a temporary pause on a lower court order that had limited the use of chemical agents near a federal immigration building. The decision came shortly before the start of the “No Kings” demonstrations, which were expected to draw large crowds across the city.
The protest activity has largely centered around a facility operated by U.S. Immigration and Customs Enforcement, which has been a focal point for demonstrations against federal immigration enforcement policies.
Earlier in March, a federal judge had imposed restrictions on the use of tear gas and similar crowd-control measures near the site, citing concerns that such chemicals could affect residents of a nearby housing complex. However, a three-judge panel temporarily blocked that order, and the full appeals court declined to revisit the issue.
As a result, federal officers are not currently bound by those limits while the case proceeds through the courts.
A separate ruling that aimed to restrict the use of force against protesters and journalists — including guidelines on tear gas, flash-bang grenades and other crowd-control tools — has also been placed on hold.
Federal attorneys argued that such restrictions could hinder law enforcement’s ability to respond to potentially violent or disruptive protests. They also maintained that existing use-of-force policies already require officers to minimize harm while maintaining public safety.
Attorneys representing nearby residents had pushed for stricter limits, warning that continued use of chemical agents in close proximity to housing could pose serious health risks.
Further legal arguments are scheduled to be heard in April as the appeals process continues.
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