ACLU of Oregon Wins Provisional Class Certification and Preliminary Injunction to Stop DHS Officers from Retaliating Against Nonviolent Protesters and Journalists at Portland ICE Building

Portland, ORE. — Today, Federal District Court Judge Michael Simon ruled in favor of Plaintiffs, protesters and journalists, issuing a Preliminary Injunction to protect nonviolent protest and reporting at the Portland ICE Building. Plaintiffs are represented by the ACLU of Oregon and its cooperating attorneys at Singleton Schreiber LLP, Albies & Stark, the People’s Law Project, and BraunHagey & Borden LLP.

The Preliminary Injunction prohibits Department of Homeland Security (DHS) officers and any officers acting in concert with them from the following:

• Directing or using chemical or projectile munitions, unless the specific target of such a device poses an imminent threat of physical harm to a law enforcement officer or other person.
• Firing any munition or weapon at the head, neck, or torso of any person, unless the officer is legally justified in using deadly force against that person.
• Using pepper spray, unless the specific individual targeted is, at minimum, actively resisting. (Trespassing, refusing to move, refusing to obey an order to disperse, and "going limp,” for example, are acts of passive resistance, not active resistance, for the purposes of this order.)
• Using pepper spray indiscriminately against groups of people where bystanders would foreseeably be affected.

The Preliminary Injunction order is limited to the area at or in the vicinity of the Portland ICE Building. The order does not prevent DHS from making lawful arrests when they have probable cause to believe that the subject of the arrest has committed a crime. The order also does not prohibit DHS from using pepper spray against specific individuals actively engaging in violent unlawful conduct, actively resisting arrest, or as reasonably necessary in a defensive capacity.

The Court also granted Plaintiffs’ Motion for Provisional Class Certification, appointing Plaintiffs Jack Dickinson, Laurie Eckman, Richard Eckman, Mason Lake, and Hugo Rios as Class Representatives and appointing their legal counsel as Class Counsel to represent a class consisting of: “All people who, since the beginning of Operation Skip Jack, have, desire to, or will nonviolently protest against or report on DHS activities at the Portland ICE Building.”

“The ACLU has been litigating protest cases for a century, and we will remain steadfast in defending this most crucial right against any incursions. As we did during Trump’s presidency the first time, we continue to defend the First Amendment rights of protesters and journalists and the basic freedoms that form the foundation of our democracy. No one should be afraid to express dissent, to advocate for change, to support causes they believe in, or to document and report on the truth. This preliminary injunction ensures that the Trump Administration's efforts to silence dissenters — and the journalists who report on that dissent — will not go unchecked,” said Eri Andriola, Litigation Manager at The ACLU of Oregon.

“We are proud to challenge the Trump Administration’s blatant violence against nonviolent protests, through our office here in Portland and with the support of our offices all over the country. This is a win for our First Amendment rights across the country.” said Kim Hutchison, Partner at Singleton Schreiber LLP.

“The right to nonviolent protest is critical to a functioning democracy and at the core of the First Amendment. Here in Portland, we are no strangers to courageously and creatively expressing our dissent. This preliminary injunction is a critical step to protect that right, as we cannot accept and normalize harassment and retaliation against nonviolent protesters,” said Ashlee Albies, Attorney at Albies & Stark.

“The preliminary injunction restricts the government’s use of tear gas and munition weapons to terrorize and retaliate against communities protesting. This is a victory for all of Portland. When DHS unleashes tear gas, communities, including families and children, are impacted in their own homes. Families should not fear being poisoned by chemical weapons in our own homes and streets. We all have the right to express our dissent and live safely in our communities” said Jane Moisan, Attorney at The People’s Law Project

“The court’s ruling today is a victory for the rule of law against an administration and an agency permeated with lawlessness. The right to protest and to report are constitutional rights guaranteed by the First Amendment. Retaliating against peaceful protesters and journalists threatens community safety and suppresses the democratic process,” said Matthew Borden, co-founding partner, at BraunHagey & Borden LLP.

“I feel optimistic about where our country is because there’s an energy that you can feel shifting. That tide is growing stronger and stronger. We saw it in Minneapolis. We feel it with this court ruling victory. That gives me hope. People give me hope. I hope the preliminary injunction gives people the safety and assurance to come out and protest,” said Jack Dickinson, a.k.a. The Portland Chicken, Plaintiff.

“It gives me hope that a judge will listen to citizens’ heartfelt objections to what DHS agents were doing to our First Amendment rights and say that this can’t continue. Democracies like ours fail not in a sudden coup but over a long period and in small ways that accumulate, and this decision is one step back to normalcy, and to government by the people, for the people,” said Laurie Eckman, Plaintiff.

“As a veteran, I swore an oath to uphold the Constitution, and I’m grateful to see the Constitution honored today. Sometimes it feels like history is repeating itself. It gives me peace knowing that the court and caring people in our communities are doing everything we can for future generations,” said Richard Eckman, Plaintiff.

“This ruling means that the Trump Administration's efforts to silence the press will not go unanswered. The job of the press is to ensure the record is not a manipulated political narrative but the honest truth. Those who target the press are enemies of the truth intent on re-writing history. The First Amendment rights to free speech and a free press must be zealously defended, and the press must have these rights and protections as society's record keepers,” said Mason Lake, Plaintiff.

“I am pleased by Judge Simon’s preliminary injunction. It is a relief to know that the government will be held accountable for its violence against protesters, journalists, and those who document demonstrations. It is nice to know that there are safeguards for me to return to my passion for photography and to document what’s really happening in our communities,” said Hugo Rios, Plaintiff.

Last week, the ACLU of Oregon, partner law firms, and their protester and journalist clients met the Trump Administration in federal court for a three-day hearing to challenge the Trump Administration’s First Amendment violations. Plaintiffs presented evidence of the Trump administration’s retaliatory violence against nonviolent protesters and journalists at the Portland ICE Building.

The hearing last week was part of the “Dickinson v. Trump” class-action lawsuit that the ACLU of Oregon and partner law firms filed last November. The lawsuit was filed on behalf of Portlanders — including “the Portland Chicken”, an elderly couple, veterans, and journalists — to stop the Trump Administration' s retaliatory violence against them that has been a sustained feature of the federal agents’ activities at the Portland ICE Building.

Following a series of escalated federal responses to protests in January, including the use of large volumes of chemical munitions at protests with families and elders, a federal judge granted a temporary restraining order (TRO) on February 3, 2026. The TRO temporarily prohibited DHS agents from using crowd control munitions, including pepper balls and tear gas, in retaliation against protesters and journalists. The preliminary injunction issued by the court today extends those protections during this lawsuit. In this lawsuit, plaintiffs are requesting a permanent injunction that prohibits DHS from engaging in retaliatory violence against nonviolent protesters and journalists.

A recap of the hearing, as well as the Court’s orders, can be reviewed here.

The ACLU of Oregon is a nonprofit, nonpartisan organization with more than 52,000 members and donor supporters. Our mission is to take action together to protect and advance our civil liberties and civil rights for a more just, equitable, and caring democracy in Oregon.

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