9th Circuit Court of Appeals allows feds, cops to use crowd-control munitions on anti-ICE protesters

The US Ninth Circuit Court of Appeals has temporarily blocked an order prohibiting federal agents from using crowd control munitions on protesters at the Immigration and Customs Enforcement (ICE) facility in Portland, Oregon.

The 2-1 panel decision, issued on Wednesday, intervenes in two separate federal cases, with two Trump-appointed judges, Kenneth Lee and Eric Tung, granting the Trump administration's emergency motions for administrative stays. Judge Ana De Alba dissented.

An administrative stay is intended to "minimize harm while an appellate court deliberates" and lasts "no longer than necessary to make an intelligent decision on the motion for stay pending appeal," as stated in the order. The decision comes just days before the nationwide "No Kings" protests, a coordinated left-wing demonstration that caused the ICE facility to come under siege on two separate occasions last year.

On March 9, US District Court Judge Michael Simon issued a preliminary injunction barring federal law enforcement officers from deploying less-lethal crowd control munitions on protesters, unless there is an "imminent threat" to officer safety. The ruling followed a three-day evidentiary hearing, in which Judge Simon sided with a group of Antifa-affiliated protesters in Dickinson v Trump.

The plaintiffs, led by Jack Dickinson, also known as the "Portland Chicken," claimed that federal officers were violating their First Amendment rights through the use of crowd control measures, which were meant to have a "chilling" effect and discourage demonstrators from returning to the ICE facility.

Since June 2025, the Portland ICE facility has been the site of clashes between federal officers and anti-ICE agitators, many of whom have a nexus to the Antifa terrorist organization. The facility has been the target of violent breaches and arson attacks, resulting in hundreds of arrests. More than 30 protesters have received serious federal charges, and some of them are facing decades in prison. Many have already been convicted.

The US Department of Justice (DOJ) argued that crowd control measures are an appropriate response to violent crowds and that the Department of Homeland Security (DHS) has the authority to defend federal property and enforce federal law. Attorney John Bailey said that such actions are necessary at the Portland ICE facility, as the building on Macadam Avenue has been frequently under siege by demonstrators, referring to some of them as "rioters and terrorists." Bailey said federal officers are facing threats at any given moment, thus crowd control munitions are necessary.

Judge Simon, who is married to anti-ICE Congresswoman Suzanne Bonamici, decided that federal agents were committing "retaliatory animus" and turned his February temporary restraining order (TRO) into a preliminary injunction. He referred to the Trump administration as an "authoritarian regime" in his order.

The judge's order barred the use of chemical or projectile munitions, such as tear gas, pepper balls, flash-bang grenades, rubber bullets, pepper or oleoresin capsicum spray, and other less-lethal weapons. Additionally, he decided that federal authorities cannot fire munitions at an individual's head, neck, or body unless they are warranted in using lethal force.

The appeals court decision also applies to a preliminary injunction issued by Judge Amy Baggio on behalf of REACH, a nonprofit organization that owns Grays Landing, the apartment building across the street from the ICE facility. REACH sued the federal government on behalf of residents, asking the Court to prohibit federal officers from using tear gas.

The Ninth Circuit Court of Appeals has grouped the two cases together. Oral arguments will be heard on April 7.