A federal judge in Oregon has halted President Donald Trump’s deployment of National Guard troops to Portland, calling the move unlawful and unconstitutional. U.S. District Judge Karin Immergut issued an emergency temporary restraining order to prevent the use of troops from California and Texas in the city, citing violations of 10 U.S.C. §12406 and the Tenth Amendment.
The White House Press Secretary, Karoline Leavitt, defended the president’s authority, stating the ruling was “untethered in reality and in the law.” She emphasized that Trump’s use of National Guard forces under U.S. Code 12406 is justified when deemed necessary. Deputy White House Chief of Staff Stephen Miller further criticized the decision, claiming a district court judge lacked authority to restrict the president’s command over military assets.
Oregon Governor Tina Kotek and California Governor Gavin Newsom, both Democrats, had filed requests to block the deployment after the Trump administration attempted to send National Guard troops following an earlier ruling. Immergut granted their request, halting any National Guard movements to Oregon for 14 days. She questioned why the Justice Department continued efforts to deploy troops despite her prior order, calling the actions “a circumvention of court authority.”
The judge rejected arguments that Portland’s unrest, including violent clashes near an ICE facility, justified federal intervention. “This is a nation of Constitutional law, not martial law,” she wrote. She also highlighted the historical resistance to government overreach in civil affairs.
The Justice Department has announced plans to appeal the ruling, asserting Trump’s legal right to deploy National Guard forces during domestic unrest. Meanwhile, California Governor Newsom celebrated the court’s decision, calling it a “win” against what he described as an unlawful attempt to federalize troops.
The dispute underscores ongoing tensions over federal and state authority, with critics arguing that the deployment aims to protect federal assets amid violent protests. The case is expected to face further review in higher courts.
