Federal Judge Temporarily Blocks Trump’s Natl. Guard Deployment to Portland
A federal judge late Sunday night temporarily blocked President Donald Trump’s plan to deploy National Guard troops to Portland, Oregon — a decision critics say undermines the president’s clear constitutional authority to protect federal property and restore order amid ongoing left-wing unrest.
U.S. District Judge Karin Immergut, notably a Trump appointee, ruled that the administration’s planned deployment violated both 10 U.S.C. §12406 and the Tenth Amendment, granting an emergency restraining order that bars the use of California National Guard troops in Oregon. Her order also prohibits the deployment of troops from any other state or from Washington, D.C.
Immergut wrote that Oregon and the city of Portland “are likely to succeed on their claim that the President exceeded his constitutional authority and violated the Tenth Amendment,” calling the directive “unlawful and unconstitutional.”
But constitutional scholars and conservative legal experts were quick to point out that Article II, Section 2 of the U.S. Constitution clearly names the president as the “Commander in Chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States.”
In her ruling, Immergut downplayed the escalating violence in Portland, where left-wing demonstrators have clashed repeatedly with federal officers. “Recent incidents cited by the Trump administration … are inexcusable, but they are nowhere near the type of incidents that cannot be handled by regular law enforcement forces,” she wrote.
She further claimed that the administration’s position “risk[s] blurring the line between civil and military federal power—to the detriment of this nation.”
What Immergut did not address, however, is that Portland’s local officials have barred city police from cooperating with federal authorities — leaving federal property, courthouses, and personnel vulnerable to continued mob violence. The Trump administration has also made clear that the proposed Guard deployment would not involve direct law enforcement activity, which would violate the Posse Comitatus Act, but rather the protection of federal facilities — a distinction the court appeared to overlook.
During the hearing, Immergut grilled Justice Department attorney Eric Hamilton, accusing the administration of attempting to circumvent her prior restraining order.
“How could bringing in federalized National Guard from California not be in direct contravention of the TRO that I issued yesterday?” she asked. “You’re an officer of the court. Aren’t defendants circumventing my order?”
Hamilton denied any violation, maintaining that the administration was acting within its legal authority. Immergut rejected the argument, saying, “You have to have a colorable claim that Oregon conditions warrant deploying the National Guard — you don’t.”
The Justice Department quickly sought a stay of the ruling, but Immergut refused, calling the case an “emergency” and claiming “no new facts” had emerged to justify modifying her order, Fox News reported.
“I’m handling this on an emergency basis with limited briefing,” she said. “No new information has been provided about any new issues in Portland.”
California Governor Gavin Newsom, a Democrat and outspoken Trump critic, celebrated the ruling online.
“BREAKING: We just won in court — again. A federal judge BLOCKED Donald Trump’s unlawful attempt to DEPLOY 300 OF OUR NATIONAL GUARD TROOPS TO PORTLAND,” Newsom wrote on X. “Trump’s abuse of power won’t stand.”
The Justice Department has already indicated plans to appeal, asserting that the president retains explicit authority under federal law to deploy National Guard forces in response to domestic unrest — particularly when state and local leaders refuse to maintain order or protect federal assets.