Editor’s note: The photo above is from the demonstration attended by some of COIN’s Leadership Team Jan. 31, in which agents launched a wide attack on a mixed crowd. Incidents like this one fueled multiple lawsuits described in this and other OPB articles.
U.S. District Judge Michael H. Simon ruled that officers from the Department of Homeland Security appeared to have an unwritten practice of using excessive force on nonviolent protesters, sometimes firing pepper balls and tear gas at people who were simply engaged in passive resistance. He said that kind of force could violate protesters’ First Amendment rights.
Under the ruling, officers can still use crowd-control devices — but only if there’s a clear and immediate threat of physical harm to officers or others.
The protests have taken place outside the U.S. Immigration and Customs Enforcement building in Portland, where demonstrators have gathered for months to oppose immigration policies under Donald Trump. During hearings, protesters testified they were hit with munitions while peacefully protesting.
Simon also expanded the case to cover all nonviolent protesters and journalists at the site, writing that a democracy depends on protecting free speech and peaceful protest.
The Justice Department is expected to appeal, while DHS continues to deny wrongdoing, saying crowd-control tactics are used only against rioters — not peaceful demonstrators.
Summary of “Judge limits crowd control devices at Portland ICE building, says federal officers must identify themselves” by Conrad Wilson, OPB, (updated) March 10, 2026.