A federal judge in Oregon has issued a preliminary injunction restricting federal officers from using tear gas during protests near the Immigration and Customs Enforcement building in Portland. The ruling responds to a lawsuit filed by residents of the adjacent Gray’s Landing affordable housing complex, who for months suffered the consequences of chemical agents. The complex, located in the South Park neighborhood of Seattle and intended for low-income families, has historically experienced elevated air pollution due to its location in an industrial area by the Duwamish River, making its residents particularly vulnerable to respiratory problems and other health risks. Hearings were held in late January, where residents described their conditions in detail.
Residents testified to physical and psychological symptoms, including difficulty breathing, coughing, burning eyes, hives, and episodes of anxiety and panic. Some said they were forced to wear gas masks inside their own apartments. The lawsuit was filed in December by the complex’s management company and several tenants, alleging that authorities’ actions violated their rights to life, liberty and property.
Judge Amy Baggio emphasized that the case is not about protesters’ rights but about the excessive impact on residents. Her order bars officers from using chemical munitions in amounts capable of reaching the housing complex unless there is an immediate threat to human life. The complex sits directly across from the U.S. Immigration and Customs Enforcement building, which became the epicenter of months-long demonstrations. These protests were part of nationwide actions against immigration enforcement policies, during which demonstrators blocked entrances, erected barricades and sometimes threw objects at law enforcement. In response, federal agents and local police used tear gas and other crowd-control measures, saying the protests posed a threat to safety and access to the federal facility.
Representatives for the plaintiffs welcomed the decision, saying it protects the right to safety and life in their homes without fear of chemical weapons. Respondents, including ICE and the Department of Homeland Security, argued that crowd-control measures were used in response to violent protests. Nearly a third of the complex’s 237 residents are over 63 years old, and 16% of tenants have a disability.
The preliminary injunction will remain in effect throughout the litigation. This is the second similar restriction in Oregon — earlier, a judge temporarily limited gas use in a separate lawsuit filed on behalf of protesters and journalists. The decision reflects growing concern over aggressive crowd-control tactics used by federal authorities in cities across the U.S.
Based on: Portland residents near ICE building win court order limiting agents’ tear gas use