Original Article By David Lindfield
A federal judge has temporarily blocked President Donald Trump’s order to deploy 200 National Guardsmen to Portland, Oregon.
U.S. District Judge Karin Immergut, a Trump appointee, ruled that the administration overstepped its authority.
Judge Immergut issued a temporary restraining order (TRO) on Saturday in response to a lawsuit filed by the State of Oregon and the City of Portland.
The suit argued that Trump’s move to federalize the Oregon National Guard was unlawful and unconstitutional.
The ruling halts the deployment until at least October 18, unless extended.
Background Of The Dispute
In June, Trump authorized the use of federalized National Guard forces to protect Immigration and Customs Enforcement (ICE) facilities following escalating violence by Antifa-linked rioters.
Portland ICE staff reported more than 100 consecutive nights of attacks.
Those attacks have included assaults on employees and damage to federal property.
By September 27, Trump announced on Truth Social that he had directed Secretary of War Pete Hegseth to deploy troops to “war-ravaged Portland” to confront “Antifa and other domestic terrorists,” authorizing “full force, if necessary.”
The next day, Hegseth ordered 200 Oregon National Guard members to be placed under federal control.
Oregon’s Democrat Gov. Tina Kotek objected, insisting there was no public safety emergency and that the state could manage on its own.
Oregon and Portland leaders quickly sued to stop the deployment, arguing the president had no constitutional authority to seize control of state Guard forces absent an invasion, rebellion, or inability of civilian authorities to enforce federal law.
Court’s Reasoning
Judge Immergut sided with the state, ruling that Trump’s order exceeded the limits set by federal law and violated the 10th Amendment by infringing on Oregon’s sovereignty.
She further determined that federal and local law enforcement remained capable of handling unrest, meaning the exceptional circumstances required for Guard federalization were not met.
“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.
“This historical tradition boils down to a simple proposition: this is a nation of Constitutional law, not martial law.”
The judge also warned that Oregon faced irreparable harm from losing control of its Guard forces, noting the diversion of resources from state-level emergencies and potential public safety risks.
Reaction
The far-left American Civil Liberties Union of Oregon celebrated the decision.
In a statement, ACLU Oregon executive director Sandy Chung said:
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“Not only would deployment of our state’s National Guard members waste up to $10 million in taxpayer dollars, there is simply no basis to deploy troops into Portland.”
The Trump administration has not yet announced whether it will appeal the ruling.
However, the TRO represents an early setback in its effort to deploy Guard troops as part of the crackdown on violent anti-ICE riots.
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