itstargetnews
newYou can listen to Fox News articles now!
A judge issued an order on Tuesday temporarily restricting federal officers from using tear gas at protests outside Immigration and Customs Enforcement (ICE) Portland architectureIt comes after agents used gas on a group of demonstrators, including young children, despite the mayor saying the rally was peaceful.
U.S. District Judge Michael Simon of Oregon directed federal officers not to use chemical weapons or projectiles against people who do not pose an imminent threat of physical harm or who are simply trespassing or refusing a dispersal order.
The judge also prohibited federal officers from shooting someone in the head, neck or torso “unless the officer is legally justified in using deadly force against that person.”
The nation “is now at a crossroads,” Simon wrote in his order.
Federal agents threw tear gas and flash bangs at protesters in front of an ICE building in Portland, Oregon. (Alison Barr/The Oregonian via AP)
“In a well-functioning constitutional democratic republic, free speech, courageous journalism, and nonviolent protest are permitted, respected, and even celebrated,” he wrote. “An impartial, independent judiciary operating under the rule of law has an inescapable responsibility in helping our country find its constitutional compass.”
Simon said the temporary restraining order is valid for 14 days.
The ruling follows a lawsuit filed by the American Civil Liberties Union of Oregon on behalf of protesters and freelance journalists who covered demonstrations at ICE buildings.
The complaint alleges that federal officers’ use of chemical munitions and excessive force were retaliatory against protesters and violated their First Amendment rights.
this Department of Homeland Security Claims federal officers “followed their training and used the minimum amount of force necessary to protect themselves, the public and federal property.”
“DHS is taking appropriate constitutional steps to uphold the rule of law and protect our officers and the public from dangerous thugs,” said Department of Homeland Security spokesperson Tricia McLaughlin.
Jack Dickinson, wearing a chicken costume, stands outside an ICE facility in Portland, Oregon. (AP Photo/Jenny Kane)
Tensions have grown between anti-ICE demonstrators and federal officials in cities across the country in recent weeks, particularly after the shootings of Renee Nicole Good and Alex Pretti in separate incidents in Minneapolis last month.
A federal appeals court last month suspended an earlier ruling that barred federal officers from using tear gas or pepper spray against peaceful protesters in Minnesota who did not impede law enforcement operations. The appeals court also overturned a Chicago judge’s ruling that barred federal agents from using certain riot weapons, including tear gas and pepper balls, unless needed to prevent an imminent threat.
The Oregon lawsuit describes instances in which federal officers used chemical or “less lethal” munitions against plaintiffs, including a protester known for wearing a chicken costume, a married couple in their 80s and two freelance journalists.
“Defendants must be prohibited from gassing, shooting, beating, and arresting peaceful Portlanders and journalists willing to document federal abuses as if they were enemy combatants,” the complaint reads.
Owners and residents of affordable housing across from the ICE building have also filed a lawsuit seeking to limit the use of tear gas by federal officers because residents have been hit by it multiple times over the past year.
Tensions have increased in recent weeks between anti-ICE demonstrators and federal officials in cities across the country. (Victor J. Blue/Bloomberg via Getty Images)
Click here to download the Fox News app
Portland Mayor Keith Wilson asked ICE to leave his city on Saturday after federal officers used tear gas on a group of demonstrators outside the agency. The mayor said the protests were peaceful and federal officers used pepper balls, flash grenades and rubber bullets against demonstrators.
“Federal troops deployed a large amount of chemical munitions, which affected the peaceful protests during the day. The vast majority of people present did not violate the law, made no threats, and did not pose a danger to federal troops,” he said in a statement on Saturday.
“To those who continue to work for ICE: resign. To those who control this agency: leave. Through your use of violence and violation of the Constitution, you have lost all legitimacy and replaced it with disgrace. To those who continue to make these disgusting decisions, go home, look in the mirror, and ask yourselves why you gas children. Ask yourselves why you continue to work for an agency responsible for murder on America’s streets. No one is forcing you to lie to yourself, even as your bosses continue to lie to the American people,” the mayor continued.
The Associated Press contributed to this report.
