A federal judge in Oregon has issued a temporary order halting the deployment of 200 National Guard troops to Portland, dealing a significant blow to the Trump administration’s plan to send federalized forces into the city.
U.S. District Judge Karin J. Immergut, appointed by President Donald Trump, granted the temporary restraining order after the State of Oregon and the City of Portland jointly filed suit to prevent the deployment. The order will remain in effect until October 18, though it may be extended pending further hearings.
In her decision, Judge Immergut cited constitutional limits on federal authority, noting that the U.S. Constitution reserves to Congress the power to mobilize troops — referred to in the founding document as the “militia” — for specific purposes such as enforcing federal law, suppressing insurrection, or repelling invasion. She concluded that Trump’s unilateral effort to federalize the Oregon National Guard exceeded that authority and infringed upon 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 in her ruling.
“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,” she added.
While the order is temporary, the court found that Oregon and Portland demonstrated a strong likelihood of success in their case, justifying the restraining order to block implementation of the September 28 directive federalizing the state’s National Guard.
Oregon Governor Tina Kotek welcomed the ruling, calling it a vindication of constitutional limits on federal power. “Justice has been served, and the truth has prevailed,” she said.
“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,” Kotek added.
The court’s decision represents a legal setback for the Trump administration, which has sought to deploy National Guard units and other military forces in cities led by Democratic officials.
Last month, a federal judge in California also ruled against the administration’s use of military personnel in Los Angeles. U.S. District Judge Charles Breyer determined that such actions violated the Posse Comitatus Act, the 19th-century law barring the use of the U.S. military as a domestic police force.
In the Portland case, both the city and the state filed their lawsuit on September 28, requesting immediate judicial intervention to prevent troop deployment.
Just hours after Friday’s hearing — before Judge Immergut issued her ruling — U.S. Northern Command announced that Defense Secretary Pete Hegseth had already activated the 200 troops for federal service.
Pentagon spokesman Sean Parnell confirmed that Trump had directed Hegseth to call up the Oregon National Guard for a 60-day federal mission to protect federal installations and personnel, including Immigration and Customs Enforcement officers.
A White House spokesperson signaled that the administration may appeal the ruling.
“President Trump exercised his lawful authority to protect federal assets and personnel in Portland following violent riots and attacks on law enforcement — we expect to be vindicated by a higher court,” said spokesperson Abigail Jackson.
Oregon Attorney General Dan Rayfield warned that the attempted deployment marked a dangerous moment for the nation. “We’re in an incredibly dangerous place in America right now,” he said.
Rayfield argued that the move appeared to be “the president’s attempt to normalize the United States military in our cities.”
Meanwhile, the administration has reportedly informed other states of similar plans. Illinois Governor JB Pritzker said he was notified that the Department of Defense intends to federalize 300 members of the Illinois National Guard for deployment within his state.
Trump signed a separate order on September 15 authorizing the National Guard to be sent to Memphis, Tennessee — despite the state’s Republican leadership — citing a crackdown on urban crime. During that announcement, Trump suggested that “Chicago was probably next.”
Under U.S. law, governors typically control their state National Guards, but federalization transfers authority to the president. In Illinois, Pritzker said he was told by Defense Department officials to “call up your troops, or we will,” but he refused to comply.
“I want to be clear: there is no need for military troops on the ground in the State of Illinois,” Pritzker said. “I will not call up our National Guard to further Trump’s acts of aggression against our people.”
{Matzav.com}
