The 22-page ruling comes as violent attacks on the ICE facility have increased in recent weeks, including a multi-hour siege of the building on Sunday.
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US District Court Judge Michael Simon issued a temporary restraining order on Tuesday prohibiting federal law enforcement officers from using tear gas and other crowd control munitions on agitators at the ICE facility in Portland, Oregon. The 22-page ruling comes amid an increase in violent attacks on the ICE facility in recent weeks, including a multi-hour siege of the building on Sunday.
Judge Simon, appointed by Barack Obama, issued his decision in response to an ACLU complaint filed in November 2025 on behalf of demonstrators and self-proclaimed freelance journalists who alleged their First Amendment rights had been violated due to the unlawful deployment of crowd control munitions. He barred officers from using chemical or projectile munitions against protesters, unless they pose an "imminent threat of physical harm" to a law enforcement officer or someone else, according to his order.
This includes tear gas, pepper balls, flash-bang grenades, rubber bullets, pepper or oleoresin capsicum spray, and other less-lethal weapons. Judge Simon also decided that federal authorities cannot fire munitions at an individual's head, neck, or body unless they are warranted in using lethal force. Additionally, Judge Simon stated that federal agents are forbidden to use chemical munitions or projectiles against individuals trespassing on ICE property, even if they refuse to comply with an officer's order to disperse.
Judge Simon, who is married to Democrat US Representative Suzanne Bonamici, criticized the Trump administration, referring to the White House as an "authoritarian regime," sparking conflict-of-interest claims.
"In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated," he wrote in the order. "In an authoritarian regime, that is not the case. Our nation is now at a crossroads."
"We have been here before," he continued, "and have previously returned to the right path, notwithstanding an occasional detour. In helping our nation find its constitutional compass, an impartial and independent judiciary operating under the rule of law has a responsibility that it may not shirk. For that reason...the Court grants Plaintiffs' motion for a temporary restraining order."
Judge Simon's temporary restraining order is in effect for 14 days. He scheduled a hearing for the protesters' motion to make the order permanent for March 2.
Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin told The Post Millennial in a statement: "The First Amendment protects speech and peaceful assembly–not rioting. DHS is taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters. We remind the public that rioting is dangerous—obstructing law enforcement is a federal crime and assaulting law enforcement is a felony."
"Rioters and terrorists have assaulted law enforcement, launched fireworks at them, slashed the tires of their vehicles, and vandalized federal property. Others have chosen to ignore commands and have attempted to impede law enforcement operations and used their vehicles as weapons against our officers," she continued. "Assaulting and obstructing law enforcement is a felony. Despite these grave threats and dangerous situations, our law enforcement has followed their training and used the minimum amount of force necessary to protect themselves, the public, and federal property."
The new prohibitions come amid a surge in violent attacks at the ICE facility on Macadam Avenue following the fatal shootings of agitators Renee Good and Alex Pretti by ICE and Border Patrol agents in Minneapolis. Since January 23, demonstrators, many of whom are affiliated with the Antifa terrorist organization and conceal their identities behind facial coverings, have vandalized the building, desecrated surveillance cameras, torn down protective barriers, launched deadly projectiles at officers, and trespassed on near-nightly occasions. The issue remains ongoing, and a new encampment equipped with riot gear and medical supplies has been established.
The anti-ICE protests began in June 2025, with a 24-hour occupation that drew the attention of the Trump administration, prompting the president to deploy the national guard to stop the daily rioting. A federal judge struck down the order, and President Trump recently demobilized the troops. The demonstrations were violent from June 2025 to early November 2025, with a one-month calm in December until agitators sparked unrest again in January.
Judge Simon, appointed by Barack Obama, issued his decision in response to an ACLU complaint filed in November 2025 on behalf of demonstrators and self-proclaimed freelance journalists who alleged their First Amendment rights had been violated due to the unlawful deployment of crowd control munitions. He barred officers from using chemical or projectile munitions against protesters, unless they pose an "imminent threat of physical harm" to a law enforcement officer or someone else, according to his order.
This includes tear gas, pepper balls, flash-bang grenades, rubber bullets, pepper or oleoresin capsicum spray, and other less-lethal weapons. Judge Simon also decided that federal authorities cannot fire munitions at an individual's head, neck, or body unless they are warranted in using lethal force. Additionally, Judge Simon stated that federal agents are forbidden to use chemical munitions or projectiles against individuals trespassing on ICE property, even if they refuse to comply with an officer's order to disperse.
Judge Simon, who is married to Democrat US Representative Suzanne Bonamici, criticized the Trump administration, referring to the White House as an "authoritarian regime," sparking conflict-of-interest claims.
"In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated," he wrote in the order. "In an authoritarian regime, that is not the case. Our nation is now at a crossroads."
"We have been here before," he continued, "and have previously returned to the right path, notwithstanding an occasional detour. In helping our nation find its constitutional compass, an impartial and independent judiciary operating under the rule of law has a responsibility that it may not shirk. For that reason...the Court grants Plaintiffs' motion for a temporary restraining order."
Judge Simon's temporary restraining order is in effect for 14 days. He scheduled a hearing for the protesters' motion to make the order permanent for March 2.
Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin told The Post Millennial in a statement: "The First Amendment protects speech and peaceful assembly–not rioting. DHS is taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters. We remind the public that rioting is dangerous—obstructing law enforcement is a federal crime and assaulting law enforcement is a felony."
"Rioters and terrorists have assaulted law enforcement, launched fireworks at them, slashed the tires of their vehicles, and vandalized federal property. Others have chosen to ignore commands and have attempted to impede law enforcement operations and used their vehicles as weapons against our officers," she continued. "Assaulting and obstructing law enforcement is a felony. Despite these grave threats and dangerous situations, our law enforcement has followed their training and used the minimum amount of force necessary to protect themselves, the public, and federal property."
The new prohibitions come amid a surge in violent attacks at the ICE facility on Macadam Avenue following the fatal shootings of agitators Renee Good and Alex Pretti by ICE and Border Patrol agents in Minneapolis. Since January 23, demonstrators, many of whom are affiliated with the Antifa terrorist organization and conceal their identities behind facial coverings, have vandalized the building, desecrated surveillance cameras, torn down protective barriers, launched deadly projectiles at officers, and trespassed on near-nightly occasions. The issue remains ongoing, and a new encampment equipped with riot gear and medical supplies has been established.
The anti-ICE protests began in June 2025, with a 24-hour occupation that drew the attention of the Trump administration, prompting the president to deploy the national guard to stop the daily rioting. A federal judge struck down the order, and President Trump recently demobilized the troops. The demonstrations were violent from June 2025 to early November 2025, with a one-month calm in December until agitators sparked unrest again in January.
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