A federal judge in Oregon has temporarily blocked the deployment of 200 National Guard troops to Portland, issuing a ruling that underscores tensions between the Trump administration and local authorities.
U.S. District Judge Karin J. Immergut, appointed by President Donald Trump, granted a temporary restraining order after both Oregon and Portland filed a lawsuit. This order, which is set to expire on October 18, could potentially be extended.
In her ruling, Immergut emphasized that the U.S. Constitution bestows upon Congress the authority to summon troops, as referenced in the Founding document regarding the role of the militia. She stated that Trump’s initiative to federalize the National Guard without constitutional backing undermines the state’s sovereignty.
“This country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs,” Immergut wrote.
She added, “This historical tradition boils down to a simple proposition: this is a nation of Constitutional law, not martial law. Defendants have made a range of arguments that, if accepted, risk blurring the line between civil and military federal power — to the detriment of this nation.”
While this ruling is not the final decision on the matter, Immergut noted that the plaintiffs demonstrated a likely chance of success, warranting the emergency order against the federal deployment planned in a September 28 memo.
Oregon Governor Tina Kotek expressed satisfaction with the ruling, stating, “Justice has been served, and the truth has prevailed.”
Kotek further remarked, “There is no insurrection in Portland. No threat to national security. No fires, no bombs, no fatalities due to civil unrest. The only threat we face is to our democracy — and it is being led by President Donald Trump.”
Responding to the ruling, the Trump administration announced plans to appeal to the Ninth Circuit Court of Appeals. A spokesperson for the White House indicated an expected vindication by a higher court, noting, “President Trump exercised his lawful authority to protect federal assets and personnel in Portland following violent riots and attacks on law enforcement.”
This development marks a significant setback for the Trump administration, which has sought to employ military troops in several cities led by Democratic mayors. Just last month, a federal judge in California ruled against the Trump’s administration’s use of the National Guard and Marines in Los Angeles, declaring it illegal under the Posse Comitatus Act of 1878, which restricts the president’s ability to deploy the military for domestic law enforcement.
Oregon’s lawsuit was initiated on September 28, aiming to obstruct the military’s involvement in Portland. Shortly after a court hearing on Friday, U.S. Northern Command announced the activation of the 200 troops by Defense Secretary Pete Hegseth, under direction from President Trump.
Pentagon spokesperson Sean Parnell confirmed that Trump had ordered the federalization of the Oregon National Guard for a two-month period to safeguard Immigration and Customs Enforcement (ICE) and other government personnel in the city.
Oregon Attorney General Dan Rayfield voiced concerns over the implications of the deployment, stating, “We’re in an incredibly dangerous place in America right now.”
Rayfield asserted that the military’s deployment effort seemed like a move by the president to normalize military presence within U.S. cities.
Portland is not the only city where Trump has considered deploying military troops. On September 15, he signed a memo directing the deployment of the National Guard to Memphis, Tennessee, despite the state being governed by Republicans, citing a crackdown on crime as the reason.
In a parallel situation, Illinois Governor JB Pritzker, also a Democrat, revealed that he had been informed of the Department of Defense’s plans to federalize 300 members of the Illinois National Guard for deployment. Pritzker affirmed he would not comply, saying, “I want to be clear: there is no need for military troops on the ground in the State of Illinois.”
He reiterated his refusal to activate the National Guard to support what he described as Trump’s aggressive tactics against citizens.
While there have been protests in Portland, particularly outside an ICE facility after Trump’s June 7 memorandum on the National Guard’s federalization, Immergut noted in her ruling that most protests became peaceful after June 25, with attendance dropping to around twenty participants or fewer by late September.
In response to the ruling, Portland Mayor Keith Wilson defended his city, stating, “I just want everyone to know: Portland is a peaceful city. This narrative was manufactured.”
Thus, the ongoing legal battle symbolizes a broader national discourse about the use of military resources in domestic situations, and highlights the tensions between federal and state authorities within the context of law enforcement and civil rights.
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