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In a notable development from Portland, Oregon, an appeals court has temporarily halted lower court decisions that limited federal officers in their use of tear gas during protests at the U.S. Immigration and Customs Enforcement (ICE) building.
The 9th U.S. Circuit Court of Appeals made this decision on Wednesday, granting the Trump administration’s plea for temporary administrative stays in two related cases. This decision was achieved through a 2-1 vote, with the majority opinion coming from two judges appointed by former President Donald Trump, while the dissenting voice was a judge appointed by former President Joe Biden.
One lawsuit was initiated by the ACLU of Oregon, representing protesters and freelance journalists, while the other was filed by residents living in an affordable housing complex near the Portland ICE facility. Both lawsuits contend that the use of tear gas and other munitions by federal officers infringes on the rights of protesters and nearby residents.
On the other side, the Department of Homeland Security, named as a defendant in both cases, argues that it has the authority to employ necessary measures to quell violence directed at officers.
Earlier this month, federal judges in Portland, who were presiding over these separate cases, issued preliminary injunctions. These injunctions restricted federal agents from deploying chemical munitions unless there was an immediate threat. The Trump administration has since challenged these rulings, leading to the current appeal.
In its order, the 9th Circuit panel said oral arguments in the two cases will be consolidated and scheduled for April 7.