Judge extends order restricting use of tear gas at Portland ICE facility

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A federal judge on Tuesday extended an order restricting how and when officers at the Portland ICE facility can use tear gas and other crowd control munitions.

Judge Michael Simon extended the temporary restraining order to March 3 in the lawsuit filed by the ACLU on behalf of journalists and protesters. The judge first granted the TRO on Feb. 3.

Attorneys for the plaintiffs, who accuse federal officers of using gas and other devices as “retaliatory violence” during protests, are now seeking a preliminary injunction that would extend the duration of the TRO and require federal officers to wear identification numbers.

“Defendants have unleashed violence against Plaintiffs and class members through chemical munitions, impact munitions, flash-bang grenades, pepper spray, and other acts of physical violence, despite the protests’ nonviolent nature,” attorneys for the plaintiffs wrote in their motion for a preliminary injunction. A hearing on that motion is scheduled for March 2.

Attorneys for the U.S. Department of Justice representing the Department of Homeland Security have not yet filed a formal response to the preliminary injunction request.

US District Judge Michael Simon granted an extension to the Temporary Restraining Order restricting the use of tear gas and other devices at the Portland ICE facility.

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Side-by-Side Lawsuits

Alongside the ACLU case, a group that includes residents of an apartment building next door to the ICE facility are also seeking a preliminary injunction to limit the use of tear gas.

Owners and some residents of Gray’s Landing are also seeking a court order restricting how and when tear gas can be used at the ICE building. Oral arguments on their motion are scheduled to start on Wednesday.

Gray’s Landing is an affordable housing complex that is home to many low-income families, including disabled individuals and survivors of assault.

MORE: Federal court weighs whether to limit DHS gas use near South Portland ICE facility