by Emmitt Barry, with reporting from Washington D.C. Bureau Staff
PORTLAND (Worthy News) – A federal judge has extended an order preventing President Donald Trump from deploying National Guard troops to Portland, Oregon, to respond to unrest targeting federal immigration facilities, ruling that the administration failed to justify the move under federal law and the U.S. Constitution.
U.S. District Judge Karin Immergut issued the temporary injunction on Sunday, November 2, following a three-day trial that concluded on October 31. Her order halts the federal government from deploying Guard members from Oregon, California, or Texas, or from any other state under the same conditions, until she delivers a final ruling by 5 p.m. on November 7.
The case, brought by the states of Oregon and California and the city of Portland, challenges the president’s authority to federalize state National Guards under Title 10, Section 12406 of the U.S. Code, which permits such actions only during invasions, rebellions, or when states are unable to enforce federal laws.
Judge Immergut wrote that “no credible evidence” showed Portland’s protests amounted to such a rebellion or posed a significant danger to federal personnel. Instead, she said the violence had been “isolated and sporadic,” resulting in “no serious injuries to federal personnel.”
Citing testimony from Portland Police Bureau command staff, the judge concluded that the administration’s justification for invoking emergency powers lacked substance. “The protests in Portland at the time of the National Guard callouts are likely not a ‘rebellion,’ and likely do not pose a danger of rebellion,” she stated.
The ruling specifically blocks Secretary of War Pete Hegseth from implementing memorandums federalizing and deploying members of the Oregon, Texas, and California National Guard to Portland. Immergut determined that the move likely violated both statutory limits under Title 10 and the Tenth Amendment, which reserves powers not delegated to the federal government to the states.
“Sending in troops from one state into another infringes on state sovereignty,” she wrote, describing it as “an injury to Oregon’s sovereignty under the Constitution, and Oregon’s equal sovereignty among the States.”
President Trump had announced the planned deployments in a September 27 post on Truth Social, saying troops were needed to “protect war-ravaged Portland, and any of our ICE facilities under siege from attack by Antifa and other domestic terrorists.”
While the Ninth Circuit Court of Appeals temporarily reinstated Trump’s authority to federalize Guard units last week, it left Immergut’s block on actual deployments in place pending final review.
The court’s forthcoming decision on November 7 could set a major precedent defining the limits of federal power over state military forces in domestic unrest situations.
Copyright 1999-2025 Worthy News. This article was originally published on Worthy News and was reproduced with permission.
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