Judge Halts Trump’s National Guard Deployment to Portland Over Authority Concerns

A federal judge in Oregon has temporarily blocked the Trump administration’s plan to deploy 200 National Guard members to Portland, ruling the move exceeded presidential authority.

U.S. District Judge Karin Immergut, appointed by President Trump in 2019, issued a temporary restraining order (TRO) Saturday after the State of Oregon and the City of Portland filed suit arguing the federalization of the state’s Guard was unlawful.

Federal Authority Challenged

The administration announced the deployment late last month, citing threats to federal property during anti-Immigration and Customs Enforcement (ICE) protests. Trump described Portland as “war-ravaged” and directed Secretary of War Pete Hegseth to send troops with “full force if necessary.”

Oregon officials pushed back, asserting that the protests had largely calmed and that state and local law enforcement were capable of maintaining order. Governor Tina Kotek objected to the deployment, arguing there was no emergency warranting federal intervention.

Judge Immergut agreed, ruling the president’s authority to federalize state National Guard units is limited to extreme circumstances—such as invasion, rebellion, or when ordinary law enforcement cannot enforce federal law. The court found none of those conditions were met.

Constitutional Questions

In her ruling, Immergut determined the order infringed upon Oregon’s sovereign right to control its own Guard, violating the 10th Amendment. The judge also noted the state faced “irreparable harm” from the loss of operational control over its troops and from diverting resources away from state emergencies.

Immergut emphasized the importance of maintaining civilian control over the military, writing, “This is a nation of Constitutional law, not martial law.”

The TRO remains in effect until October 18 unless extended.