Federal judge temporarily blocks Trump’s attempt to deploy Oregon National Guard to Portland

A federal judge has temporarily blocked President Donald Trump’s attempt to federalize and deploy the Oregon National Guard to Portland.

U.S. District Judge Karin Immergut issued a temporary restraining order late on Saturday barring the deployment of the troops for at least 14 days, saying Trump’s basis to federalize the Guard fell short of high bar required to justify a deployment without the approval of the state’s governor.

While there have been protests in Portland, the judge said in her decision, they are “not significantly violent or disruptive” to justify the deployment.

“These incidents are inexcusable, but they are nowhere near the type of incidents that cannot be handled by regular law enforcement force,” the judge, who was nominated to the federal bench by Trump, wrote.

The decision covers 200 soldiers who have been training on Oregon’s coast.

The Trump administration is expected to appeal the decision to Ninth Circuit Court of Appeals, which overturned a similar ruling that sought to block Trump’s deployment of troops in Los Angeles over the summer.

What the judge said in decision

Trump took social media last month to declare that he was sending National Guard troops to “war-ravaged Portland,” citing the need to protect immigration facilities there.

But the judge said Trump’s determination about the purported chaos in Portland was “simply untethered to the facts,” and said he likely exceeded his authority under the Constitution. 

The judge also warned the Trump administration’s actions risk blurring the line between civil and military rule. 

“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. Defendants have made a range of arguments that, if accepted, risk blurring the line between civil and military federal power—to the detriment of this nation.” 

 Despite Trump’s claims, Immergut said that the protests in Portland have not been “significantly violent or disruptive” and are insufficient to federalize the National Guard.

While the president is usually entitled to “a great level of deference,” she said that “is not equivalent to ignoring the facts on the ground.” 

She said Trump’s own statements regarding the deployment of federalized National Guardsmen “further support that his determination was not ‘conceived in good faith.'” 

Immergut concluded that Trump’s attempt exceeds his authority under the federal law and violates the Tenth Amendment, infringing on the state of Oregon’s sovereignty.

“Put simply, the issues at stake in this case are important, and the consequences of this Court’s decision are far-reaching. As soon as the federalized National Guard deploys to Portland, the state of Oregon will suffer an injury to its sovereignty,” she wrote. 

“This case involves the intersection of three of the most fundamental principles in our constitutional democracy,” the judge wrote, describing them as the relationship between the federal government and the states; the relationship between the U.S. armed forces and domestic law enforcement; and the role of the courts.

“Whether we choose to follow what the Constitution mandates with respect to these three relationships goes to the heart of what it means to live under the rule of law in the United States,” Immergut wrote.

How Oregon officials reacted

Oregon officials celebrate the judge’s decision.

Gov. Tina Kotek issued a statement, saying “justice has been served, and the truth has prevailed.”

In a news conference following the judge’s decision, Oregon Attorney General Dan Rayfield, whose office had challenged the deployment in court, said the ruling should be a “wake-up call” for Trump.

“No president is allowed to make up facts or rely on social media trolling or posts when deploying the United States military in our cities,” Rayfield said. “It’s an incredibly dangerous precedent to set in America, and today’s ruling halts what appears to be the President’s attempt to normalize the United States military and our cities.

Portland Mayor Keith Wilson said the ruling shows the federal government overstepped its authority and said local authorities are capable of maintaining peace.

“The number of federal troops that are needed or wanted is zero,” he said.

The mayor called for protesters to “de-escalate and disengage” from the city’s Immigration and Customs Enforcement facility, saying “Today was a good day. Peace wins today … Facts matter. That’s what we need to focus on today.”