“Menendez’s order bars Homeland Security and ICE officials involved in Operation Metro Surge from “using pepper-spray or similar nonlethal munitions and crowd dispersal tools against persons who are engaging in peaceful and unobstructive protest activity.” The judge also prohibited federal agents from stopping vehicles following them, as long as those vehicles are maintaining a safe and “appropriate” distance.
“The First Amendment protects speech and peaceful assembly — not rioting,” DHS spokesperson Tricia McLaughlin said in a statement. “DHS is taking appropriate and constitutional measures to uphold the rule of law and protect our officers and the public from dangerous rioters. We remind the public that rioting is dangerous — obstructing law enforcement is a federal crime and assaulting law enforcement is a felony.””