Portland crowd-control fight heads back to appeals court

The Ninth Circuit is hearing arguments in a fight over federal crowd-control tactics at Portland’s ICE facility after two Oregon federal judges imposed limits on the use of tear gas and other chemical munitions.

The appeals court already paused those lower-court orders on March 26 while the cases moved forward, and it set expedited oral arguments for April 7.

The underlying lawsuits were brought by protesters and freelance journalists, along with residents of an apartment complex across from the ICE building. The district judges had restricted the use of chemical munitions unless someone posed an imminent threat of physical harm.

According to the record in the case, the dispute centers on how federal officers can respond to demonstrations outside the facility and whether the lower courts went too far in limiting force.

The hearing is the next major step in a legal battle that has become one of the more closely watched federal-courts disputes in Portland. Any ruling from the appeals court could affect how the facility is policed while the case continues.

A decision was not immediately available as the arguments were being heard.