The U.S. Department of Justice asks the Ninth Circuit to allow federal agents to continue using tear gas and other chemical munitions outside the Portland ICE Processing Center. The request follows prior actions by the appeals court: it stayed two separate preliminary injunctions issued by district judges that had barred federal agents from deploying tear gas and similar chemical munitions in the area outside the facility.
According to reporting, the two district court orders were designed to protect nearby apartment residents and to limit effects on passive protesters in the vicinity of the building. When the case returns for review, a three-judge Ninth Circuit panel considers whether those injunctions should remain in place or be lifted. The Oregonian reports that at least a majority of the panel expresses skepticism toward the district judges’ approach and the scope of the restrictions, while the federal government argues for continued operational use of the munitions under existing policy.
The litigation centers on where and under what circumstances chemical munitions can be deployed during enforcement activities around the Portland ICE facility.
