On Tuesday, Oregon Attorney General Dan Rayfield filed a federal court motion to limit federal officers’ use of tear gas and other crowd control munitions outside Portland’s ICE building. The state says the tactics are scaring away constitutionally protected protesters and putting nearby residents, including seniors, children, and journalists, at risk.
According to KGW, Rayfield’s office argues that federal agents have violated protesters’ First Amendment rights by repeatedly deploying chemical agents, and it asks the court to spell out strict limits on when, where and how those munitions can be used. A federal judge is already involved in the dispute. Earlier this month, the court issued a temporary restraining order that restricts the use of chemical and projectile munitions around the ICE site and set an evidentiary hearing to begin March 2. OPB reports that the judge has slated a three day evidentiary hearing to decide whether to put a longer preliminary injunction in place.
What plaintiffs detailed in court
The plaintiffs’ written submissions, summarized in the court’s order, describe a series of incidents between mid 2025 and late January 2026 in which federal officers allegedly used tear gas and impact munitions in and around the Portland ICE building. The record includes sworn declarations describing both physical injuries and property damage, including the account of an 84 year old woman who was treated for a concussion. The filings identify the ICE facility at 4310 S. Macadam Avenue as the focal point of the clashes. The court’s order (Justia) lays out the detailed factual findings and the full temporary restraining order language.
Legal stakes and what to watch
Rayfield’s motion zeroes in on alleged First Amendment harms, while a broader ACLU led lawsuit already in play layers on Fourth Amendment and Administrative Procedure Act claims. Together, the cases could reshape how federal officers are allowed to operate outside the ICE building when crowds gather.
If the judge converts the temporary restraining order into a preliminary injunction, it could significantly limit when and how federal agencies may deploy tear gas and similar tools during public demonstrations near the facility. AP reports that the March 2 hearing is expected to feature live witness testimony, medical declarations and body worn camera footage as the court weighs those longer term rules.
Local reaction
Portland officials and nearby residents have blasted the federal response and pressed the court to draw a clear line. Local reporting has highlighted calls for protections from people who say they have been repeatedly caught in drifting gas, including families and older adults living in the area. Another AP story notes that residents of affordable housing near the ICE site have filed their own legal challenge over the same crowd control tactics.
OPB has additional accounts from neighbors and advocates who say the gas has affected health, disrupted daily life and turned routine evenings near the South Macadam corridor into something much closer to a protest zone.
