BREAKING: Oregon federal judge blocks ICE from using crowd control munitions at Portland facility

The order bars 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. 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, who is married to anti-ICE Congresswoman Suzanne Bonamici, sparking conflict-of-interest claims, ruled that federal agents are forbidden from using chemical munitions or projectiles against individuals trespassing on ICE property, even if they refuse to comply with an officer's order to disperse. This includes the driveway, which is the main entrance to the facility that controls ingress and egress. It is also the main area where demonstrators gather and have been documented attacking the building, assaulting federal agents, and impeding federal vehicles, including the transport of illegal immigrants, since June 2025, when the ongoing Antifa-affiliated anti-ICE occupation was first established.

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In his order, Judge Simon referred to the Trump administration as an "authoritarian regime," the same language frequently used by his wife, Rep. Bonamici. "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."

Defense attorneys for the Department of Justice (DOJ) maintained that the use of crowd-control measures is appropriate in response to violent crowds and that DHS has the authority to defend federal property and enforce federal law. Attorney John Bailey argued that such actions are necessary at the Portland ICE facility as the building on Macadam Avenue has been frequently under siege by Antifa-affiliated demonstrators, referring to some of them as "rioters and terrorists." He said federal officers are currently facing threats at any given moment, thus crowd control munitions are necessary.

The plaintiffs in this case, represented by the American Civil Liberties Union (ACLU), include Jack Dickinson, also known as the "Portland Chicken," Laurie and Richard Eckman, Mason Lake, and Hugo Rios. Dickinson, Lake, and Rios have frequently protested alongside Antifa, a US-designated terrorist organization. The lawsuit is joined by the State of Oregon and the City of Portland, in which city attorneys described federal officers as "masked" terrorists targeting political dissenters of the Trump administration's immigration policies.

Attorneys told the Court that federal officers have been violating plaintiffs' constitutionally-protected First Amendment rights through "retaliatory animus," arguing that federal agents are intentionally and improperly using less-lethal munitions, such as OC spray and tear gas, against protesters in an attempt to prevent them from returning to the ICE facility to protest. The plaintiffs testified that they believed federal officers picked them out of the crowd to intentionally target them with munitions.

Dickinson, the 27-year-old main plaintiff, testified that he "posed no threat" when he found himself being bombarded with chemical munitions several times since last June. Dickinson, who described himself as "peaceful," said he is unemployed and lives financially off of his parents. He told the Court that he has spent roughly 60 hours per week protesting at the ICE facility and organizing protests since last year.

Dickinson testified that federal agents allegedly assaulted him several times by shoving him and aiming munitions directly at him. On August 16, 2025, Dickinson said that a pepper ball fired from the rooftop of the facility struck his respirator. Moments later, a flash bang grenade and a tear gas canister landed next to his feet, igniting the bottom of his chicken suit.

"I was confused as to why I was shot in the head," Dickinson said. "I was not attempting to post any threat to the agents."

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On August 23, Dickinson testified that he was knocked to the ground by a federal officer when he was standing on the public sidewalk. When he stood back up, he was hit with pepper balls. This occurred when agitators refused orders to clear the driveway for federal vehicles to enter and exit, which he was pressed on during cross-examination.

Helena Bartkowski, of Columbia City, testified that she was arrested and given a citation after refusing orders to vacate federal property. She had engaged in trespassing by standing on the facility's concrete wall. Bartkowski, a documented agitator, claimed that the officer who issued her the citation told her, "It's just to encourage you not to come back."

Judge Simon asked if he should consider her testimony an "attempt to chill a protester," an argument that the ACLU attorneys claim amounts to retaliatory amicus. DOJ attorney Brad Rosebburg said that the officer likely meant the citation was intended to discourage her from trespassing on federal property. Judge Simon didn't buy the DOJ's argument.

Bartkowski also testified, without evidence to back up her claim, that she observed a federal officer perform a "Nazi salute" on June 28 when he retreated into the facility. She told the Court that she had been hit with shields, munitions, and shoved during protests, all by the same "law enforcement officials who claimed to be protecting me."

Laurie and Richard Eckman, both over the age of 80, testified that they sustained injuries from crowd control munitions on October 4 during an infamous "No Kings" riot. Laurie was hit in the head with a pepper ball, and Richard's walker was hit with a munition. Richard claimed, without evidence, that he was intentionally targeted for being a United States veteran.

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The DOJ argued that the plaintiffs lack standing and their claims fail on the merits, adding that the proposed injunction is overbroad and unworkable, potentially endangering public safety and undermining law enforcement operations. More than 30 protesters have been federally charged and/or convicted of , including arson, depredation of government property, and aggravated assault causing bodily injury on federal officers. Some of them have been and face over 20 years in federal prison.