The Trump administration’s immigration crackdown has sparked widespread protests, with federal agents from the Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) often resorting to tear gas and pepper spray to disperse crowds. These less-lethal weapons are designed to cause severe pain and debilitate adults, but their use has particularly affected children, with 79 cases identified since 2026.
The Department of Homeland Security (DHS) has defended its agents’ use of these chemicals, stating that they do NOT target children and are used to maintain order. However, investigations have revealed that many children were harmed while in their cars, at home, or walking to school, far from the protest sites.
Children Bear the Brunt of Chemical Irritants
ProPublica’s investigation identified 79 children across the country who have been harmed by these chemicals since 2026. This number is nearly four times the count cited in a recent congressional report, but it is likely still an undercount. The DHS has blamed agitators and parents for putting children in harm’s way, but the reality is that these chemicals are particularly toxic to children.
There is no single tear gasit is a catch-all term for various chemical irritants that trigger nerve endings to feel as if they’re on fire. These chemicals can cause vomiting, rashes, and coughs that last for weeks. Children are more vulnerable because they breathe more rapidly, have narrower airways, and are closer to the ground where tear gas tends to pool. The long-term effects of repeated exposure to these chemicals on children are still unknown.
Courts Struggle to Limit the Use of Chemical Irritants
In, a federal judge in Illinois ruled that ICE and CBP officers had deployed these chemicals without justification, often without warning against people who didn’t pose a physical threat. The judge ordered the agencies to stop, but the injunction was limited to specific areas. In Portland, Oregon, a judge issued a temporary restraining order forbidding federal agents from using chemical munitions unless targeted at someone who posed an imminent threat of physical harm. However, appellate courts have since vacated these rulings, allowing agents to continue using these weapons.
The Trump administration has defended agents’ training, stating that they are taught to use the minimum amount of force necessary to resolve dangerous situations. However, tear gas canisters can bounce and roll unpredictably, and the toxic chemicals can travel through the air, sometimes for blocks. In Minneapolis, tear gas traveled at least a quarter mile before seeping into a McDonald’s. Derrick Nash and his family, living a block and a half east of an ICE facility in Broadview, Illinois, felt the effects inside their homes when officers tear-gassed protesters. Nash’s eldest son, a high school senior with asthma, struggled to breathe and had to hide out in his second-floor bedroom.
The Lack of National Standards for Tear Gas Use
Law enforcement policies governing the use of tear gas and pepper spray differ widely by location, and no federal standard exists. The DHS policy on force says officers must use tactics that minimize the risk of unintended injury and should be guided by respect for human life. However, the CBP’s policy says officers should not use pepper spray or less-lethal chemical munitions against small childrenwhile ICE’s policy considers the presence of bystanders in determining the reasonableness of an officer’s use of force.
In contrast, Portland police officers who consider using tear gas must take into account their proximity to homes, while Minneapolis forbids officers from using chemical munitions for crowd control unless authorized by the police chief. Experts suggest that requiring all law enforcement agencies to adopt uniform policies and training methods would go a long way in addressing this issue. However, bills seeking to strengthen use-of-force training and target DHS’s use of these weapons have thus far failed to make it to a vote in Congress.
