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The Ninth Circuit Just Handed ICE a Major Win in Portland

Amy Curtis
Amy Curtis  |  April 28, 2026 8:00 AM

The Ninth Circuit Court of Appeals just dealt a blow to the anti-ICE protests that have been raging outside the Portland ICE facility for ages. In a three-panel decision, the court blocked a judge's order that prohibited federal officers from deploying crowd control munitions on those protesters.

The entire post reads (emphasis added):

The three-panel decision, issued by judges Kenneth Lee, Eric Tung, "and Ana de Alba (dissent), reads as follows:

"The First Amendment does not protect vandalism, criminal trespass, or obstruction of law enforcement. Such unlawful acts, however, have been commonplace around the U.S. Immigration and Customs Enforcement (“ICE”) building in Portland over the past year."

Numerous provocateurs—many wielding bats, shields, and strobe lights that disrupt vision—have hurled bricks, smashed security cameras, and blocked the driveway to prevent ICE cars from entering or exiting the building. In response, the government has used tear gas, pepper balls, and other non-lethal munitions to disperse the crowd."

"Five plaintiffs sued the government, alleging that they are peaceful protesters who have been injured as a result of the crowd-control tactics. But they do not contend that they are collateral casualties caught in the crossfire—they claim that the government specifically targeted them in retaliation for exercising their First Amendment rights."

"The plaintiffs have not shown that the agents had the subjective intent to retaliate or that the government has an unwritten policy targeting them. Much of the evidence shows the government trying to clear the entrance to the ICE facility in the face of unrest and an unruly crowd. And while some individual incidents might indicate an arguably disproportionate use of force, they alone do not amount to an unwritten policy of retaliation."

The plaintiffs plan to introduce more evidence against ICE.

The lead plaintiff in the case is Jack Dickinson, known as the Portland Chicken.

We wonder why he won't be interviewed.

And here's more from the ruling:

"In any event, the district court’s injunction is too broad. Under the injunction, the government cannot use common crowd-control tactics even if people vandalize federal property or block the entrance to the building to thwart law enforcement," it said. "But such unlawful activities are not protected by the First Amendment, and thus the district court erred in handcuffing the government’s ability to counter such illegal behavior. Finally, the district court acted beyond its authority in ordering a redesign of the ICE agents’ uniforms so that they have more “conspicuous and unique identifying markings.” Federal courts are not the couture of law enforcement officers."

The Oregon GOP praised the "common sense" ruling.

We'll bring you more updates as the case continues to work its way through the courts.