PORTLAND, OR — A federal judge issued a preliminary injunction on Tuesday, February 3, 2026, significantly restricting the use of tear gas and other chemical irritants by federal agents against protesters in Portland. The ruling comes as the city continues to see nightly clashes between federal law enforcement and activists participating in the “National Shutdown”.
THE INJUNCTION AND ITS RESTRICTIONS U.S. District Judge Michael Simon’s order prohibits federal agents from using chemical irritants unless they have probable cause to arrest an individual for a crime of violence. The ruling specifically mandates that tear gas cannot be used solely for the purpose of clearing a crowd or dispersing individuals accused only of trespassing or refusing to leave an area.
This legal setback for the administration follows a surge in federal activity in the Pacific Northwest, where “Operation Metro Surge” agents have been deployed to protect federal facilities like the U.S. Immigration and Customs Enforcement (ICE) building. Federal authorities argued that chemical agents are necessary to repel mobs that have targeted buildings with projectiles and incendiary devices.
ANALYSIS OF JUDGE MICHAEL SIMON: Judge Michael Simon was appointed to the U.S. District Court for the District of Oregon by President Barack Obama in 2011. Since his appointment, Simon has been at the center of several controversial rulings that critics suggest indicate a pattern of judicial overreach in favor of activists:
- 2020 Protest Injunctions: During the civil unrest of 2020, Simon issued a high-profile order that exempted journalists and legal observers from police dispersal orders. Critics at the time, including the Department of Justice, argued the ruling made it nearly impossible for police to manage violent crowds when agitators claimed “press” status to avoid arrest.
- 2019 Healthcare Proclamation Blocking: Simon issued a nationwide injunction blocking a Trump administration proclamation that would have required legal immigrants to prove they could afford healthcare or had health insurance. Higher courts eventually reviewed the scope of such nationwide injunctions, which critics label as “forum shopping” for activist judges.
- 2016 Dam Operations Ruling: Simon drew fire from agricultural and energy sectors when he ordered a massive overhaul of federal dam operations on the Columbia and Snake Rivers to protect salmon, a move critics claimed overstepped the court’s expertise and threatened the region’s power grid.
IMPLICATIONS FOR FEDERAL OPERATIONS The new restrictions are expected to complicate tactics for federal agents who have faced increasingly aggressive crowds in Portland. Just 24 hours prior to the ruling, an elderly man in a wheelchair was knocked unconscious during a protest outside an ICE facility, an incident federal proponents say highlights the need for effective crowd control tools to maintain a perimeter.
The Department of Justice is expected to file an emergency appeal, arguing that the injunction places federal officers at an unreasonable risk of physical harm by removing non-lethal deterrents during “National Shutdown” riots. For now, agents must rely on physical barriers and targeted arrests, a shift that law enforcement experts warn could lead to more direct, hand-to-hand confrontations between officers and masked agitators.
