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A U.S. District Court on Saturday issued a temporary restraining order (TRO) to halt the Trump administration from deploying 200 National Guardsmen to Portland, Oregon, amid violent anti-Immigration and Customs Enforcement (ICE) protests.
The lawsuit, brought by the State of Oregon and City of Portland, argued the deployment was unlawful, exceeding the president’s statutory and constitutional authority.
Judge Karin Immergut, appointed by President Donald Trump in 2019, granted the TRO blocking the federal action.
Tear gas was deployed against anti-ICE protesters near the Portland facility in Oregon. (DHS)
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Trump in June issued a memorandum authorizing the federalization of National Guard troops, citing threats to federal employees and facilities during protests against immigration enforcement.
While violence was reported near a Portland ICE facility in June, the state alleged that by late summer, protests had become small and largely peaceful.
On Sept. 27, Trump announced via Truth Social he was directing Secretary of Defense Pete Hegseth to deploy troops to “war-ravaged Portland” to protect against “Antifa and other domestic terrorists,” and authorized “full force, if necessary.”
The following day, Hegseth ordered the federalization of 200 Oregon National Guard members over the objection of Oregon Gov. Tina Kotek, who insisted there was no public safety emergency.
Despite increasing violence and numerous arrests, the State of Oregon and the City of Portland filed suit, arguing that the deployment was unlawful and unconstitutional.
A protester is sprayed by a Department of Homeland Security officer outside a U.S. Immigration and Customs Enforcement facility on Thursday, in Portland, Ore. (AP/Jenny Kane)
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Immergut ruled on Saturday that Trump’s federalization order exceeded his authority because the law only allows the president to call in the National Guard under exceptional circumstances, including invasion, rebellion or an inability to execute federal law using regular forces.
The court found none of those conditions existed in Oregon, determining that local and federal law enforcement were capable of maintaining order.
Further, because Immergut ruled Trump acted outside statutory limits, she found the order also violated the Tenth Amendment by infringing on Oregon’s sovereign right to control its own National Guard.
Tensions heated through the weekend as protesters gathered near an ICE facility in Portland, Ore. (DHS)
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In addressing irreparable harm, Immergut said the state faced constitutional injury from loss of control over its Guard, operational harm from diversion of troops trained for state emergencies, and public safety risks.
The court held the public interest favored restraint, emphasizing the importance of maintaining civilian control and avoiding military intrusion.
“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 decision. “This historical tradition boils down to a simple proposition: this is a nation of Constitutional law, not martial law.”
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In granting the TRO, the court blocked the federalization and deployment of National Guard troops to Portland.
The order will remain in effect for 14 days, until Oct. 18, unless extended.
Immergut also denied the government’s request to stay or pause the order.