Attorney General Dan Rayfield filed arguments today urging a federal appeals court to reinstate an injunction (PDF) blocking the use of excessive force by federal agents outside Portland’s Immigration and Customs Enforcement building. Those protections were temporarily blocked after the federal government appealed a lower court ruling. Today’s filing argues the injunction is essential to safeguarding First Amendment rights and the safety of anyone near the ICE building.
“When people are afraid to show up, afraid to speak out and gather – our community is diminished,” said Attorney General Rayfield. “Every person in Oregon deserves to feel safe exercising their rights and making their voices heard. When the federal government responds to peaceful crowds with tear gas and force, that’s not just wrong, it’s dangerous. We’re going to keep fighting to protect the freedoms of every Oregonian.”
Last year, the ACLU of Oregon filed a lawsuit on behalf of protesters and journalists that challenges violations of the First Amendment and the use of excessive force by federal agents outside the Portland ICE building. During proceedings before the federal district court, the Oregon Department of Justice (ODOJ) submitted evidence showing that federal agents tear gassed peaceful protesters repeatedly during a weekend in January 2026.
Witnesses described feeling confusion and panic as gas spread through a densely packed crowd. One individual testified that chemical agents “made it hard to breathe and impossible to see,” while another witness described “feeling trapped” in the crowd “as the tear gas and pepper balls filled my lungs.”
The district court issued a preliminary injunction prohibiting federal agents from using chemical or projective munitions near the Portland ICE building unless doing so is necessary to address an imminent threat of physical harm. The federal government appealed the district court’s order, and the Ninth Circuit recently stayed the preliminary injunction while that appeal is pending.
In today’s filing, ODOJ urges the Ninth Circuit to uphold the preliminary injunction. Among other things, ODOJ argues that crowd-control munitions—including chemical irritants and projectiles—can endanger protesters; that such methods can escalate public unrest; and that the restrictions imposed by the district court’s preliminary injunction are consistent with federal law enforcement best practices and Oregon’s use-of-force laws and policies.
Attorney General Rayfield has repeatedly stated that Oregon will use all available legal tools to protect residents when federal agents violate First Amendment protections, use excessive force, or break the law. Oregonians who believe their rights have been violated by federal action can report concerns through the Oregon Department of Justice’s Federal Overreach Reporting Portal, (opens in a new window)” which helps the state assess patterns of conduct and determine appropriate legal action.
