Federal judge issues injunction barring President Trump from deploying National Guard troops to Portland
PORTLAND, Ore. (KTVZ) -- A federal judge in Oregon on Friday issued a permanent injunction barring the Trump administration from deploying the National Guard on the streets of Portland in response to protests against the president's immigration policies.
"This Court arrives at the necessary conclusion that there was neither 'a rebellion or danger of a rebellion' nor was the President 'unable with the regular forces to execute the laws of the United States' in Oregon when he ordered the federalization and deployment of the National Guard," U.S. District Judge Karin J. Immergut, who was nominated to the bench in President Donald Trump's first term, wrote in her ruling, NBC News reported.
The Trump administration can appeal the ruling, if it wishes, to the Ninth U.S. Circuit Court of Appeals and eventually the Supreme Court.
A similar case in Chicago is already there, KGW reports — the Trump administration on Oct. 18 asked the Supreme Court to intervene after the 7th Circuit U.S. Court of Appeals upheld a lower court's temporary restraining order blocking the deployment of Illinois National Guard troops.
Immergut previously issued a temporary restraining order barring the Guard from being deployed in Portland, which the Trump administration was appealing.
Oregon officials have been embroiled in a complex legal battle with the administration since late September, when, at Trump's direction, Defense Secretary Pete Hegseth mobilized around 200 troops to the city amid ongoing protests outside an immigration processing facility.
The city and the state sued Sept. 28 to block the use of military troops in Portland, arguing it was unnecessary and illegal.
Immergut signed off on a temporary restraining order blocking the administration from deploying the state National Guard on Oct. 4, and a day later issued a second order blocking deployment of National Guard troops from other states to Portland streets.
She said in her order that it appeared Trump was acting in bad faith with highly exaggerated claims of violence in the city, including saying it was “war ravaged” with “ICE Facilities under siege from attack by Antifa” and “crazy people” who “try to burn down buildings, including federal buildings” every night.
“The President’s determination was simply untethered to the facts,” Immergut wrote.
The Justice Department immediately appealed, arguing her decision “improperly impinges on the Commander in Chief’s supervision of military operations, countermands a military directive to officers in the field, and endangers federal personnel and property.”
Governor Kotek Responds to Ruling Blocking National Guard From Deploying, Renews Call to Send Troops Home Immediately
Salem, OR – Today, Governor Tina Kotek issued the following statement in response to a federal judge in Portland ruling to prohibit state National Guard troops from deploying to Portland:
“This ruling, now the fourth of its kind, validates the facts on the ground. Oregon does not want or need military intervention, and President Trump’s attempts to federalize the guard is a gross abuse of power,” Governor Kotek said. “Oregon National Guard members have been away from their jobs and families for 38 days. The California National Guard has been here for just over one month. Based on this ruling, I am renewing my call to the Trump Administration to send all troops home now.”
Oregon Attorney General Dan Rayfield video and news release:
| Attorney General Dan Rayfield Secures Final Court Order Blocking National Guard Deployment |
| "Today's ruling is a huge victory for Oregon. The courts are holding this administration accountable to the truth and the rule of law." |
Portland, OR – Attorney General Dan Rayfield announced today that a federal court has ruled in Oregon’s favor in the case involving attempted federal deployment of the Oregon National Guard. The U.S. District Court’s decision confirms that the President cannot send the Guard into Oregon without a legal basis for doing so. The ruling was based on the testimony and evidence from last week’s trial.
Oregon Attorney General Rayfield issued a statement after today’s decision:
“Today’s ruling is a huge victory for Oregon. The courts are holding this administration accountable to the truth and the rule of law.
“From the beginning, this case has been about making sure that facts, not political whims, guide how the law is applied. Today’s decision protects that principle.”
Today’s decision is the district court’s final order in a lawsuit filed by Oregon and the City of Portland in late September, after the President attempted to federalize and deploy 200 Oregon National Guard troops to Portland. They argued that the President lacked a basis to federalize the Guard under 10 U.S.C. § 12406 because there is no “rebellion,” and existing state, local and federal resources are sufficient to manage protests and to respond to any civil disturbances around the ICE building in Portland.
Oregon and the City of Portland also argued that the President’s actions violated Oregon’s sovereign rights under the Tenth Amendment to the Constitution. Today, the district court permanently enjoined the federal defendants from deploying National Guard troops within Oregon. In a 106-page opinion, the court reasoned that, “after a three-day trial that included the testimony of federal state, and local law enforcement officials and hundreds of exhibits describing protest activity outside the Portland ICE building, the evidence demonstrates that these deployments, which were objected to by Oregon’s governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the President’s authority.”
Background
- Oregon and the City of Portland challenged the federal government’s attempt to assert control over the Oregon National Guard.
- The State argued that decisions about the Guard are reserved to the Governor and state leadership unless extraordinary circumstances exist that justify federalization of the Guard, which is not the case here.
- The U.S. District Court initially issued a Temporary Restraining Order (TRO) preventing deployment of 200 Oregon National Guard troops in Portland while the case was under review.
- The federal government then attempted to deploy California National Guard troops to Portland. California joined Oregon’s lawsuit, and the plaintiffs sought and received a second TRO from the district court, prohibiting deployment of any National Guard troops in Oregon.
- The government appealed the first TRO. A three-judge panel of the Ninth Circuit initially stayed that TRO; the full Ninth Circuit subsequently vacated that ruling and voted to take that case en banc. Those proceedings remain pending, and the Ninth Circuit has ordered that Oregon National Guard troops should not be deployed, for now.
- Last week, the district court held a three-day trial on the merits, then issued a preliminary injunction order that continues to prohibit deployment of National Guard troops in Oregon.
Statement from Oregon Senate Majority Leader Kayse Jama on U.S. District Court Decision
SALEM, Ore. – After U.S. District Court Judge Karin Immergut issued a permanent injunction against deploying federalized National Guard forces in Oregon, Senate Majority Leader Kayse Jama (D – E Portland, Boring & Damascus) made this statement:
"Today’s ruling renews my confidence that facts still matter in our courts and that checks on executive power are still possible.
“Evidence and testimony in court on protest conditions around the Portland ICE facility proved what local observers have long known: that regular law enforcement has been able to manage the situation and maintain order.
“Federalized troops are not necessary in Oregon, and it’s encouraging to have a formal ruling that confirms that reality. My hope now is that the National Guard members whose lives were disrupted by the president’s call-up can now return to their day jobs, their families, and their communities.”
