A federal judge on Sunday halted President Donald Trump’s deployment of California and Texas National Guard troops to Portland, Oregon, ruling the move unlawful and unconstitutional. U.S. District Judge Karin Immergut issued an emergency temporary restraining order to prevent the action, citing violations of 10 U.S.C. §12406 and the Tenth Amendment.
Immergut questioned why the Justice Department continued pursuing troop movements after her earlier ruling blocked the effort, noting the administration’s attempt to send National Guard forces from California and Texas prompted Oregon Gov. Tina Kotek and California Gov. Gavin Newsom to file a request for an extension of the restraining order. The judge granted the request, halting any National Guard deployments to Oregon for 14 days.
“The president is using his authority as Commander-in-Chief under U.S. Code 12406, which clearly states that the president has the right to call up the National Guard in cases where he deems it appropriate,” said White House Press Secretary Karoline Leavitt. However, Immergut rejected arguments that conditions in Portland—where antifa domestic terrorists have allegedly targeted an ICE facility—justified federal intervention.
“The country has a longstanding tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs,” Immergut stated. She emphasized that no “colorable claim” existed to warrant deploying the National Guard, asserting, “This is a nation of constitutional law, not martial law.”
The Justice Department has appealed the ruling, arguing that Trump retains authority under federal law to deploy National Guard forces during “domestic unrest.” Deputy White House Chief of Staff Stephen Miller condemned the decision, calling it “one of the most egregious and thunderous violations of constitutional order we have ever seen.”
California Gov. Gavin Newsom praised the court’s action on social media, claiming victory against what he described as an “unlawful attempt” to deploy National Guard troops. Meanwhile, White House officials expressed confidence the ruling would be overturned, stating the president’s legal authority to protect federal assets remains intact.
