A federal judge in Oregon, Karin Immergut, has issued a temporary restraining order stopping the Trump administration from sending National Guard troops to Portland. This decision comes after President Trump announced plans to deploy troops to protect what he called a “war-ravaged” city. The judge, who was appointed by Trump, found that Oregon and Portland are likely to succeed in their argument that the president overstepped his constitutional authority, specifically violating the Tenth Amendment.
Critics of the ruling argue that the Constitution gives the president power as commander in chief, including over the state militias when called into service. However, Judge Immergut ruled that the recent protests cited by the administration do not rise to the level requiring military intervention and can be managed by regular law enforcement. She expressed concern that the administration’s arguments blurred the line between civil and military powers.
The Trump administration claimed that the National Guard would not serve in a law enforcement capacity, which would violate the Posse Comitatus Act, but would instead protect federal property from violent protests. Judge Immergut’s decision does not seem to consider Portland’s restrictions on local law enforcement cooperation with federal officers, nor the president’s constitutional role as military leader.
The restraining order will expire on October 18, though Oregon Attorney General Dan Rayfield plans to seek an extension. Meanwhile, the Trump administration intends to appeal the ruling to the Ninth Circuit Court of Appeals. Rayfield stated the order returns control of the National Guard to Oregon Governor Tina Kotek.
State and city leaders welcomed the ruling, asserting that Portland had not experienced a rebellion or breakdown of order that would justify federal troop deployment. They view the decision as a necessary check on presidential power based on evidence and law.
Governor Kotek called the ruling “a step in the right direction,” urging President Trump to respect the court and reconsider his plans.
