Appeals court panel ends temporary ban on tear gas near Portland ICE building

Key Points:

• The U.S. Court of Appeals for the Ninth Circuit overturned two temporary bans that restricted the use of chemical munitions like tear gas and pepper balls outside the ICE facility in Portland, dealing a legal setback to protesters and nearby residents.
• The original bans, issued by Oregon district judges, aimed to limit federal law enforcement's use of chemical crowd control methods following clashes between federal officers and protesters opposing President Trump's immigration policies in late 2025.
• The appeals court ruled 2-to-1 that the neighbors living near the facility had not demonstrated constitutional protection from exposure to tear gas, and that law enforcement did not violate protesters' or journalists' First Amendment rights by deploying chemical munitions.
• Residents of the Gray’s Landing affordable housing complex reported severe impacts from tear gas exposure, including the need to wear gas masks indoors and worsening medical conditions, but legal efforts to protect them continue despite the overturned injunctions.
• The decisions will influence how federal law enforcement manages crowd control tactics in future protests near the ICE facility as Trump enters the final years of his presidency, with lawsuits ongoing despite the appellate rulings.