Federal Judge Temporarily Blocks Trump’s Natl. Guard Deployment to Portland
A federal judge has blocked President Donald Trump’s plan to deploy National Guard troops to Portland, issuing a late-night ruling on Sunday that temporarily halts the move.
U.S. District Judge Karin Immergut, a Trump appointee, determined that the deployment was unlawful and unconstitutional, granting an emergency temporary restraining order to prevent the use of California National Guard troops in Oregon. The order also prohibits the deployment of troops from other states or from Washington, D.C. into Oregon.
In her decision, Immergut wrote that the Trump administration’s directive violated federal statute 10 U.S.C. §12406 as well as the Tenth Amendment, which reserves certain powers to the states.
Immergut wrote that Oregon and the city of Portland “are likely to succeed on their claim that the President exceeded his constitutional authority and violated the Tenth Amendment.”
“It appears to violate both 10 U.S.C. §12406 and the Tenth Amendment,” Immergut said during the proceeding, according to reports.
Critics immediately panned the ruling as wrong-headed, noting that Article II, Section 2 of the Constitution names the president as the “commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States.”
Recent incidents cited by the Trump administration of protesters clashing with federal officers, “are inexcusable, but they are nowhere near the type of incidents that cannot be handled by regular law enforcement forces,” the judge claimed in her ruling.
The Trump administration “made a range of arguments that, if accepted, risk blurring the line between civil and military federal power—to the detriment of this nation,” she added.
Her ruling did not seem to consider that local law enforcement in Portland has been essentially banned from assisting federal officers, nor the president’s constitutional role as head of the military. In addition, the Trump administration has never claimed they would be using the military in a law enforcement role, which would be a violation of the Posse Comitatus Act of 1878. Rather, the military’s role would be to provide protection of federal property under siege by left-wing agitators.
Immergut also questioned Justice Department attorney Eric Hamilton during the hearing, pressing him on why the department continued to move forward with plans to deploy troops despite the legal challenges.
“How could bringing in federalized National Guard from California not be in direct contravention of the TRO that I issued yesterday?” she asked. “You’re an officer of the court. Aren’t defendants circumventing my order?”
Hamilton denied any wrongdoing on the part of the Justice Department but offered a legal defense that Immergut challenged during the proceedings.
“You have to have a colorable claim that Oregon conditions warrant deploying the National Guard — you don’t,” she said.
Justice Department lawyers requested a stay of the ruling, but Judge Immergut denied both the stay and an administrative delay. She described the matter as an “emergency” and said there were no new facts presented that would justify altering her previous decision, Fox News reported.
“I’m handling this on an emergency basis with limited briefing,” she said. “No new information has been provided about any new issues in Portland.”
Gov. Gavin Newsom (D) of California took to the X platform to gloat after Immergut’s ruling.
“BREAKING: We just won in court — again. A federal judge BLOCKED Donald Trump’s unlawful attempt to DEPLOY 300 OF OUR NATIONAL GUARD TROOPS TO PORTLAND. The court granted our request for a Temporary Restraining Order — HALTING ANY FEDERALIZATION, RELOCATION, OR DEPLOYMENT of ANY GUARD MEMBERS TO OREGON FROM ANY STATE. Trump’s abuse of power won’t stand,” he wrote.
The Justice Department has indicated it plans to appeal the ruling, arguing that the president retains authority under federal law to deploy National Guard forces in situations involving “domestic unrest.”
