Federal Court Halts Deployment of National Guard in Portland
On Saturday, a US District Court granted a temporary restraining order (TRO) to prevent the Trump administration from sending 200 national security guards to Portland, Oregon, amid escalating protests against immigration enforcement.
The lawsuit, initiated by the state of Oregon and the city of Portland, asserted that the deployment was illegal and overstepped the president’s legal authority.
Judge Kalyn Immergut, who was appointed by Trump in 2019, acknowledged that the TRO might disrupt ongoing federal lawsuits.
In June, Trump had issued a memorandum that authorized the federalization of the National Guard, citing threats to federal personnel and infrastructure during protests. While there were incidents of violence near Portland’s ICE facility earlier, state officials claimed that by summer’s end, protests had largely subsided.
On September 27, Trump announced on social media that he had directed Defense Secretary Pete Hegses to deploy forces to address what he called “domestic terrorists,” giving the order to proceed with full force if needed. The following day, Hegses dispatched 200 members of the Oregon National Guard, acting against Oregon Governor Tina Kotech’s wishes.
Despite growing unrest and multiple arrests, Oregon and Portland challenged the legality of this move, claiming it violated constitutional norms.
Judge Immergut ruled that Trump’s order to federalize the National Guard went beyond his given authority because such action is typically limited to extraordinary circumstances like rebellion or inability to enforce federal laws. She determined that neither situation applied in Oregon and that local and federal law enforcement were capable of maintaining order.
Moreover, the judge found Trump’s actions infringed upon the 10th Amendment, which protects state sovereignty.
Immergut expressed concerns over potential harm caused by the loss of control over security personnel, disruption from deploying trained military resources for state emergencies, and risks to public safety. The court underscored the need for civilian oversight and the importance of preventing military interventions in civilian life.
In her decision, she noted, “The country has a longstanding tradition of resisting government overreach, particularly military actions against civilians.”
The TRO effectively halts the federalization and deployment of National Guard troops in Portland. This order is set to remain in place for 14 days, until October 18, unless extended. The request from the government to modify or suspend the order was also denied.
