Portland, Oregon is currently facing a legal impasse as federal courts weigh the legality of President Donald Trump’s controversial orders to federalize National Guard troops for deployment in American cities.
As of Monday afternoon, neither the Trump administration nor its legal representatives have motioned for an appeal against a federal appeals court’s temporary restraining order, which prohibits sending Guard troops from any states or Washington D.C. to Portland.
On Sunday, an appeal was filed, seeking a stay on a narrower order that specifically blocks the mobilization of Oregon’s National Guard.
“With no clear direction from the federal government, we’re in wait mode,” stated Jenny Hansson, spokesperson for the Oregon Department of Justice, in a text message on Monday morning.
Oregon Governor Tina Kotek has not received any direct communication from President Trump or his administration since the previous Sunday, as indicated by Elisabeth Shepard, a spokesperson for Kotek.
Federal Circuit Court Judge Karin Immergut, who was appointed by Trump, issued a two-week restraining order following an emergency hearing on Sunday night, effectively barring troop deployments to Portland until October 19.
Immergut has scheduled a check-in for October 17 and a hearing on the state’s lawsuit merits for October 29.
The judge ruled during Sunday’s proceedings that the Trump administration had violated her order prohibiting the mobilization of Oregon National Guard troops only one day earlier.
On Saturday, her previous order had halted the deployment of 200 Oregon Guard soldiers for 14 days as the case proceeded.
Despite this, the administration quickly moved to send 200 California Guard troops to Oregon, with some personnel arriving as early as Sunday morning.
In addition, U.S. Defense Secretary Pete Hegseth announced the federalization of 400 Texas Guard members to be deployed to Portland, Chicago, and potentially other locations on Sunday evening.
Trump has made various claims about the situation in Portland, describing it as a “war zone” akin to “World War II” and stating his intention to send federal troops to protect federal buildings and an Immigration and Customs Enforcement processing facility, which has experienced ongoing protests, largely peaceful, for several months.
Judge Immergut concluded that the protests unfolding in Portland do not constitute a “rebellion” and do not pose an immediate threat of such, cautioning that the Trump administration’s legal arguments risk blurring critical lines between civil and military federal authority.
This poses significant implications for the nation’s governance framework.
A Pentagon spokesperson remained silent regarding the actual deployment status of the Texas Guard troops and any updates on the California Guard units.
Governor Kotek confirmed that at least 101 California National Guard members had been deployed to Guard Camp Withycombe, approximately 20 miles from Portland.
Furthermore, about 200 Oregon Guard members have awaited clarity regarding their mission from the federal government for nearly a week, concerned they may be sent home.
A Capitol Chronicle spokesperson redirected inquiries about troop deployments to a webpage regarding the “Federal Protection Mission,” which had not been updated in three days.
When pressed for current information, representatives stated, “We have no additional information or updates to provide at this time.”
Notably, protests have surged since the Trump administration enacted federal deployments, drawing approximately 100 demonstrators each night, mostly in peaceful demonstrations.
However, tensions escalated on Saturday evening when law enforcement agencies, including Federal Protective Services and Department of Homeland Security officers, employed aggressive tactics to disperse peaceful protestors, prompting Portland’s Mayor Keith Wilson to condemn the actions as “beyond the pale.”
In response, Portland City Attorney Robert Taylor addressed the Civil Rights Division of the U.S. Department of Justice, detailing instances of excessive force and alleging that the administration engaged in “prohibited viewpoint discrimination” by targeting protesters based on their speech while granting preferential treatment to social media influencers supporting the government.
This letter coincides with an ongoing investigation by the Department of Justice into the arrest of 27-year-old Nicholas Sortor, a right-wing social media figure from Washington, D.C., who was taken into custody for disorderly conduct near the ICE facility.
The Multnomah County District Attorney’s Office announced on Monday that it would not be pursuing charges against Sortor.
In his letter, Taylor urged the Civil Rights Division to investigate what he sees as violations of Portland protestors’ First and Fourth Amendment rights, which protect the freedom of speech and guard against unlawful search and seizure.
“If the Civil Rights Division is genuinely concerned about the Constitution, it must ensure equal protection of the First and Fourth Amendments for everyone—even those who hold differing views from the administration,” he stated.
Taylor emphasized that it currently appears the Civil Rights Division is failing its obligation in Portland and across America.
image source from：chronline
