At Least 79 Kids Have Been Harmed by Tear Gas or Pepper Spray During Trump’s Immigration Crackdown

Federal agents deployed tear gas and pepper spray against at least 79 children during immigration enforcement operations under the Trump administration's crackdown on undocumented immigrants. ProPublica's investigation documented incidents where minors, some as young as toddlers, were exposed to chemical agents during raids and border encounters.

The use of riot control agents against children raises legal questions under constitutional protections and federal statutes governing law enforcement conduct. The Fourth Amendment restricts unreasonable searches and seizures. Federal regulations under 18 U.S.C. Section 1983 enable civil suits against government officials who violate constitutional rights under color of law.

Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) operate under broad authority granted by 8 U.S.C. Section 1357 to enforce immigration laws. However, this authority remains subject to constitutional constraints. Courts have historically scrutinized the use of force against children as a distinct category, recognizing their vulnerability and lack of threat assessment capability.

The incidents documented include raids on homes and workplaces where families with children were present, as well as encounters at the border where migrant families sought entry. Witnesses reported that agents used chemical agents despite the presence of minors, without attempting de-escalation first.

These cases carry implications for qualified immunity doctrine, which shields government officials from liability unless they violated a clearly established constitutional right. Recent Supreme Court decisions have narrowed qualified immunity in some contexts, potentially creating pathways for civil litigation by families harmed.

Affected families may pursue damages under Section 1983 against individual officers and agencies. They may also file administrative complaints with ICE or CBP, though agency investigations historically result in limited discipline.

The incidents raise policy questions about training standards, authorization protocols, and whether less-lethal agents should be deployed in situations involving children. Congressional oversight committees have authority to