A federal judge in Oregon has issued back-to-back rulings preventing the Trump administration from sending National Guard troops to Portland, escalating a constitutional dispute between the White House and state leaders over presidential authority and public safety.
U.S. District Judge Karin Immergut, who was appointed to the bench by President Trump in 2019, first halted the administration’s plan to federalize 200 members of the Oregon National Guard to protect a U.S. Immigration and Customs Enforcement facility. State and local officials argued that Portland was calm and that military intervention would only heighten tensions surrounding small protests outside the building.
In her written order, Immergut noted that Oregon leaders had provided convincing evidence that recent demonstrations near the ICE facility were limited in size and largely peaceful. She concluded that federalizing state troops under such conditions was not justified under the law.
Within hours of that decision, the administration attempted to send National Guard members from California to Portland instead, and later signaled plans to bring in additional personnel from Texas. In response, Immergut expanded her order, prohibiting the deployment or relocation of any federalized National Guard units from any state to Oregon until mid-October.
During an emergency hearing, Immergut pressed a Justice Department attorney on why the administration appeared to be ignoring her initial order. She questioned the legal basis for bypassing her ruling, stating that there appeared to be no reason for requiring military intervention at the facility.
Oregon Governor Tina Kotek, Attorney General Dan Rayfield and Portland Mayor Keith Wilson all welcomed the court’s intervention, saying it upheld the state’s authority to manage its own security. “[Oregon] is not a military target,” Kotek said. After Trump attempted to send Texas National Guard members after the judge’s first ruling, Kotek criticized what she described as the president’s “dangerous, un-American misuse of states’ National Guard members and hard-earned taxpayer dollars.”
The dispute centers on a rarely used law that allows a president to federalize state National Guard forces in limited circumstances, such as during an invasion or rebellion.
President Trump sharply criticized the judge’s ruling and repeated his claim that Portland was gripped by violent unrest — assertions local officials have repeatedly denied. On the same weekend as the legal fight, the Portland Marathon took place without incident, passing by the contested ICE facility.
Judge Immergut has long been known for an independent streak in her rulings. A former federal prosecutor, she has handled cases touching both conservative and liberal concerns, including immigration, gun control and civil rights.
For now, Oregon’s National Guard remains under state control, while the broader battle over presidential authority and protest response continues to play out in courtrooms and statehouses alike.
Sources: CNN, Oregon Public Broadcasting
