A federal judge has blocked President Donald Trump’s plan to deploy National Guard troops to Portland, issuing a temporary restraining order late Sunday that prevents California and other states from sending troops to Oregon. U.S. District Judge Karin Immergut, appointed by Trump, ruled the deployment unlawful and unconstitutional, citing violations of federal law (10 U.S.C. §12406) and the Tenth Amendment, which protects state sovereignty.
Judge Immergut wrote that Oregon and Portland are likely to succeed in their claim that the president exceeded his constitutional authority. She expressed concern about the blurring of federal military power with civil law enforcement, stating that current unrest in Portland did not justify federal troop deployment.
The ruling came despite the Trump administration’s argument that the president is commander in chief and has the authority to protect federal property amid protests. The administration emphasized that military personnel would not be used for law enforcement roles, which are restricted under the Posse Comitatus Act.
During the hearing, Judge Immergut questioned Justice Department lawyers on their continued plans to deploy troops despite the court order. She denied requests for a stay of the ruling, calling the matter an emergency with no new facts justifying a change.
California Governor Gavin Newsom celebrated the ruling on social media, calling it a win against what he described as an abuse of power by the Trump administration.
The Justice Department plans to appeal, maintaining that the president has legal authority to deploy National Guard forces in cases of domestic unrest.