PORTLAND Ore. (KPTV) – A federal judge restricted federal agents’ ability to use force against protesters at Portland’s ICE building in a court ruling on Tuesday.
U.S. District Judge Michael H. Simon wrote the 22-page opinion which bars federal agents from using tear gas, pepper balls, rubber bullets and more against people unless they pose a direct threat to officers.
The judge’s order is for the area at or around the Portland ICE building, at South Macadam Avenue and Bancroft Street.
During Saturday’s protest outside the Portland ICE facility, a nearby apartment building was damaged by a projectile, allegedly fired by federal agents.
This was the location last weekend where allegedly a tear gas canister broke the window of a nearby occupied apartment, and large clouds of tear gas were seen.
The judge also banned federal officers from shooting anything at people’s head, neck, or torso, unless an officer is justified in using deadly force.
This temporary restraining order means federal law enforcement at the ICE facility cannot use chemical or projectile munitions in response to trespassing, protestors refusing to move, or protestors refusing to obey a dispersal order.
The Department of Homeland Security sent the following statement to FOX 12 in response to the judge’s order Tuesday.
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. Assaulting and obstructing law enforcement is a felony. Despite these grave threats and dangerous situations our law enforcement as followed their training and used the minimum amount of force necessary to protect themselves, the public, and federal property.
Portland Mayor Keith Wilson released a statement later on Tuesday.
Today’s ruling confirms what we’ve said from the beginning. Federal agents have used unconscionable levels of force against a community exercising their constitutional right to free expression. Portlanders will continue to show up, stand with our immigrant neighbors, and win through peace. Peaceful civic participation isn’t a threat, and these new restrictions on federal agents are an important first step in ending the violence and harm we’ve witnessed in our community.
What comes next?
The temporary restraining order is good for two weeks. After that it could be extended or dropped.
An evidentiary hearing is scheduled for March 2, where plaintiffs (protestors being represented by the ACLU) can file for a preliminary injunction which would basically continue the TRO until the legal process in this case plays out.
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