Hold the press, everyone – tear gas may still be able to be used in Oregon by federal officers during protests, if any, at the U.S. Immigration and Customs Enforcement Building located in Portland, so says an Oregon appeals court. The court ordered a temporary administrative stay on Wednesday. The building has been barraged with protests during these turbulent political times. The question at issue is whether the use of tear gas violates the rights of protesters and residents. The ACLU of Oregon has argued it does, while the Department of Homeland security has argued it doesn’t because it is necessary to do what is necessary and appropriate to defuse volatile interactions with law enforcement, namely I.C.E. officials. Oral argument on the issue is now set to take place on April 7, 2026.
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