PORTLAND, Ore. (KPTV) – A federal judge restricted federal agents’ ability to use force against protesters at the ICE building in Portland in a court ruling Tuesday.
U.S. District Judge Michael H. Simon wrote a 22-page opinion that bars federal agents from using tear gas, pepper balls, rubber bullets and more against people unless they are 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.
This was the spot where last weekend a tear gas canister reportedly broke the window of a nearby occupied apartment, and large clouds of tear gas were seen.
The judge also prohibited federal officers from shooting people in the head, neck or torso unless an officer’s use of deadly force is justified.
This temporary restraining order means that federal law enforcement at an ICE facility cannot use chemical or projectile weapons in response to trespassing, protesters’ refusal to move, or protesters’ refusal to follow a dispersal order.
The Department of Homeland Security sent FOX 12 the following statement Tuesday in response to the judge’s order.
Portland Mayor Keith Wilson issued a statement later Tuesday.
what comes next?
The temporary restraining order is good for two weeks. After that it can be expanded or removed.
An evidentiary hearing is scheduled for March 2, where the plaintiffs (protesters being represented by the ACLU) can file for a preliminary injunction which would basically keep the TRO in place until the legal process in this case is complete.
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