Federal judge temporarily limits ICE's use of nonlethal munitions against protesters in Portland

A federal judge has temporarily limited U.S. Immigration and Customs Enforcement officers' use of nonlethal munitions against protesters in Portland.

U.S. District Judge for the District of Oregon Michael H. Simon, an Obama appointee, on Tuesday said the nation is at a “crossroads” between a free democracy and authoritarianism, The Hill reported. 

“We have been here before and have previously returned to the right path, notwithstanding an occasional detour,” Simon wrote in the ruling. “In helping our nation find its constitutional compass, an impartial and independent judiciary operating under the rule of law has a responsibility that it may not shirk.”

On Saturday, thousands of protesters arrived at an ICE facility in Portland, where federal agents used tear gas, pepper balls, rubber bullets, and flash-bang grenades against the crowd, The Oregonian reported.

The protesters came from a union-organized march, which included an earlier rally, called “Labor Against ICE,” where members from at least 30 unions joined, OPB reported.

Simon restricted federal agents for two weeks from using several “chemical and projectile munitions” against protesters at the ICE facility, “unless the specific target of such a weapon or device poses an imminent threat of physical harm to a law enforcement officer or other person.”

The temporary restraining order could be extended if the plaintiffs choose to file a preliminary injunction motion. 

Portland Mayor Keith Wilson (D) said on Tuesday that the court decision “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,” Wilson wrote. “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,” he added.