PORTLAND, Ore. (AP) — An appeals court has paused lower court rulings in Oregon that restricted federal officers’ use of tear gas during protests at the U.S. Immigration and Customs Enforcement building in Portland.
A three-judge panel at the 9th U.S. Circuit Court of Appeals granted the Trump administration’s request for temporary administrative stays in two cases on Wednesday. The 2-1 decision came from two judges appointed by President Donald Trump, with the dissenting judge appointed by former President Joe Biden.
The building has been the site of persistent protests over the administration’s aggressive deportation practices since last June, including months of nightly demonstrations and repeated efforts by federal authorities to disperse even small crowds with chemical munitions. At a large-scale demonstration in late January, they fired tear gas at hundreds of people, including children, during a daytime march.
The federal responses prompted one lawsuit by the ACLU of Oregon on behalf of protesters and freelance journalists, and another by residents of an affordable housing complex across from the Portland ICE building. The lawsuits argue that federal officers’ use of chemical and projectile munitions has violated the rights of protesters and residents.
The Department of Homeland Security, a defendant in both cases, has said it is authorized to do what is appropriate and necessary to defuse violence against officers.
Earlier this month, the federal judges in Portland overseeing the separate cases both issuedpreliminary injunctions limiting federal agents from using chemical munitions unless someone poses an imminent threat. The Trump administration appealed the rulings.
In its order, the 9th Circuit panel said oral arguments in the two cases will be consolidated and scheduled for April 7.
