A federal judge in Oregon has temporarily halted the Trump administration’s plan to deploy National Guard troops in Portland, siding with state and city officials who argued the move would violate constitutional limits on military involvement in domestic law enforcement.
US District Judge Karin Immergut issued the ruling while further arguments in the case are pending. The lawsuit claims the deployment breaches both the Constitution and the Posse Comitatus Act, which restricts the use of military force in civilian matters.
In her written opinion, Immergut emphasized the case touches on core democratic principles, including the balance of power between federal and state governments, the role of the military in civil affairs, and the separation of powers among the branches of government. “Whether we choose to follow what the Constitution mandates with respect to these three relationships goes to the heart of what it means to live under the rule of law in the United States,” she wrote.
While presidents are typically granted broad authority to federalize National Guard troops during emergencies, the judge found that Portland’s protests did not meet that threshold. She noted that demonstrations near the city’s immigration facility were largely peaceful and uneventful in the days leading up to the deployment order. “The President’s determination was simply untethered to the facts,” she wrote.
The Defense Department had announced plans to place 200 Oregon National Guard members under federal control for 60 days to protect federal property, following President Trump’s description of Portland as “war-ravaged.”
Oregon officials dismissed that characterization as exaggerated. The protests, mostly held outside the US Immigration and Customs Enforcement building, had drawn only a few dozen participants in recent weeks.
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