A federal judge in Oregon has halted President Donald Trump’s plan to deploy California and Texas National Guard troops to Portland, calling the move “unlawful and unconstitutional.” U.S. District Judge Karin Immergut issued an emergency temporary restraining order on Sunday night, blocking the use of National Guard forces from any state in Oregon. The decision came after the Trump administration attempted to send troops despite prior court orders.
Immergut ruled that the deployment violated 10 U.S.C. §12406 and the Tenth Amendment, stating, “This is a nation of Constitutional law, not martial law.” She questioned why the Justice Department continued pursuing the troop movements after her earlier ruling on Saturday. The judge also rejected claims that violent protests targeting the Portland ICE facility justified federal intervention, noting there was no “colorable claim” that Oregon’s conditions warranted National Guard involvement.
White House Press Secretary Karoline Leavitt defended the president’s authority, calling the judge’s decision “untethered in reality and in the law.” Deputy White House Chief of Staff Stephen Miller echoed this, asserting that a district court judge had no power to restrict the president’s use of military forces to protect federal lives and property.
Oregon Gov. Tina Kotek and California Gov. Gavin Newsom, both Democrats, had filed requests to block the deployment after the Trump administration attempted to send National Guard troops despite Immergut’s initial order. The judge granted their request, halting any National Guard movements to Oregon for 14 days.
The Justice Department is appealing the ruling, arguing that the president retains authority under federal law to deploy National Guard forces during “domestic unrest.” Meanwhile, Newsom mocked the decision on social media, claiming victory in court, while independent journalist Megyn Kelly suggested the ruling would likely be overturned by higher courts.
Trump’s deployment of National Guard troops to Portland and other cities has been framed by his administration as necessary to protect federal facilities from what they describe as violent leftist agitators. The judge’s order remains in effect pending further legal action.