Judge issues restraining order limiting DHS chemical munitions outside Portland ICE site

Описание: A federal court judge ruled that the Department of Homeland Security (DHS) has been using excessive force outside of the Immigration and Customs Enforcement (ICE) facility in South Portland.
The decision says that DHS has been indiscriminately using chemical munitions and must pause doing so until the decision is made on the merits.
U.S. District Judge Michael H. Simon granted a temporary restraining order, and stressed in his decision the importance of free speech, newsgathering, and nonviolent protest in a constitutional democratic republic, contrasting it with authoritarian regimes.
Judge Simon wrote in his decision, "In a well-functioning constitutional democratic republic, free speech, courageous newsgathering, and nonviolent protest are all permitted, respected, and even celebrated. In an authoritarian regime, that is not the case."
He continued, "Our nation is now at a crossroads. We have been here before and have previously returned to the right path, notwithstanding an occasional detour. In helping our nation find its constitutional compass, an impartial and independent judiciary operating under the rule of law has a responsibility that it may not shirk. For that reason, and as more fully explained below, the Court grants Plaintiffs’ motion for a temporary restraining order."
The plaintiffs in the case alleged First Amendment retaliation and claimed that federal agents have violated their rights through excessive force and viewpoint discrimination.
The temporary restraining order prohibits federal agents and their associates from using chemical or projectile munitions unless there is an imminent threat of physical harm. It also restricts the use of less lethal weapons unless legally justified.
The order will remain in effect for 14 days, with the possibility of extension. Plaintiffs have until Feb. 12, 2026, to file a motion for a preliminary injunction, with a hearing scheduled for March 2, 2026.