Tear Gas Use by U.S. Immigration Agents Harms Dozens of Children, ProPublica Finds

At least 79 children have been harmed by tear gas and pepper spray deployed by federal immigration agents since 2020, according to a ProPublica investigation that highlights the risks of airborne irritants in crowd control. The findings challenge the Department of Homeland Security’s (DHS) claims that its use of such weapons does not target children, as documented incidents show agents firing chemicals into residential areas, schools, and family vehicles.

How Many Children Have Been Harmed by Tear Gas During the Trump Administration’s Immigration Crackdown?

ProPublica identified 79 children harmed by tear gas or pepper spray between 2020 and 2023, a number four times higher than a congressional report cited by DHS. The count, based on news reports, body-camera footage, and interviews with over 40 victims, includes cases where children were in cars, at home, or walking to school when agents deployed the chemicals. The Trump administration has defended its actions, blaming “agitators” and parents for exposing children to risk.

“These weapons are designed for adults, not children,” said Dr. Sarah T. Jones, a pediatric toxicologist at the University of Illinois. “Children’s smaller airways and faster breathing rates make them more vulnerable to severe respiratory effects.”

Why Are Tear Gas and Pepper Spray Particularly Dangerous to Children?

Tear gas and pepper spray trigger intense irritation by activating nerve endings, causing burning sensations, coughing, and difficulty breathing. For children, the effects are amplified: they inhale more contaminated air per body weight and are closer to the ground, where chemicals tend to settle. In Broadview, Illinois, the Nash family reported tear gas seeping into their home, forcing their asthma-afflicted son to seek emergency care during a protest near an ICE facility.

“It felt like we were trapped in a fire,” said Derrick Nash, the boy’s father. “The street was closed, and we didn’t know if help would come.”

What Legal Challenges Have Been Raised Against the Use of Tear Gas by Immigration Agents?

Federal judges in Illinois and Oregon have ruled that agents’ use of tear gas often violates constitutional protections against excessive force. In 2022, a Chicago judge ordered ICE and Customs and Border Protection (CBP) to halt deployments after finding agents used chemicals “without justification” against non-threatening crowds. However, appellate courts later overturned the ruling, allowing continued use elsewhere.

“The lack of federal oversight creates a patchwork of policies,” said legal analyst Michael R. Lopez. “Portland’s restrictions on tear gas use for crowd control contrast sharply with DHS’s broad authority, highlighting the need for national standards.”

What Are the Current Policies Governing the Use of Tear Gas by Law Enforcement?

DHS guidelines require agents to “minimize unintended injury,” but no federal law mandates uniform protocols. Local policies vary: Minneapolis bans chemical munitions for crowd control without chief approval, while Portland requires agents to avoid residential areas. CBP’s policy states officers should not use pepper spray “against small children,” but ProPublica’s investigation found repeated exceptions.

“There’s no accountability when agencies operate without clear rules,” said Representative Linda Chen (D-Calif.), who has pushed for congressional action. “We’ve seen this before with police use of force—without federal mandates, local departments act in isolation.”

What Steps Are Being Taken to Address the Use of Tear Gas in Immigration Enforcement?

Following ProPublica’s findings, congressional leaders have called for reforms to limit tear gas use. However, bills targeting DHS and immigration enforcement have stalled. Advocacy groups like the American Civil Liberties Union (ACLU) argue that without federal legislation, agencies will continue prioritizing speed over safety.

“This isn’t just about protests—it’s about protecting communities,” said ACLU spokesperson Jamal Carter. “Every child exposed to these chemicals is a failure of leadership.”