In a ruling criticized as “untethered in reality and in law,” an Oregon federal judge on Sunday blocked President Donald Trump’s deployment of California and Texas National Guard troops to Portland. U.S. District Judge Karin Immergut issued an emergency temporary restraining order to halt the move, citing violations of 10 U.S.C. §12406 and the Tenth Amendment. She also barred the use of troops from any other state in Oregon.
White House Press Secretary Karoline Leavitt defended the deployment, stating that Trump’s authority under U.S. Code 12406 allows him to call up the National Guard when deemed appropriate. Deputy White House Chief of Staff Stephen Miller argued that a district court judge has no authority to restrict the President from deploying military forces to protect federal lives and property.
Judge Immergut questioned why the Department of Justice continued moving troops after her initial ruling on Saturday, which had blocked the effort. Oregon Gov. Tina Kotek and California Gov. Gavin Newsom, both Democrats, filed a request to block any National Guard troop movements to Oregon for 14 days. Immergut granted their request, emphasizing that bringing in federalized National Guard from California would contravene her order.
The judge rejected the argument that conditions in Portland, where antifa groups have attacked an ICE facility since June, warranted a federal response. She stated that there was no “colorable claim” justifying the deployment and emphasized adherence to constitutional law over martial law.
Trump has authorized National Guard deployments to areas like Portland and Chicago, where local authorities allegedly allow violent agitators to assault federal officers. Federal agents have been deployed to protect ICE facilities, with Portland Police refusing to assist ICE officers. The Justice Department is appealing the ruling, arguing that the president retains authority under federal law to deploy National Guard forces in cases of “domestic unrest.”
Gavin Newsom mocked the ruling on social media, claiming victory against Trump’s deployment efforts. Independent journalist Megyn Kelly suggested the ruling would likely be overturned by higher courts, noting past legal precedents involving border enforcement.
Leavitt stated the administration is confident that the deployment will be upheld, emphasizing the need to protect federal assets from ongoing attacks in Portland.