A federal judge has halted President Donald Trump’s plans to send National Guard troops to Portland in a decision issued late Sunday night.
US District Judge Karin Immergut determined that the deployment was both unlawful and unconstitutional, granting an emergency temporary restraining order that prevents California’s National Guard from being deployed. The order encompasses any troops from other states or Washington, D.C., heading to Oregon as well.
In her ruling, Immergut emphasized that the actions taken by the Trump administration contravene federal law 10 U.S.C. §12406 as well as the Tenth Amendment.
“It seems to violate both 10 U.S.C. §12406 and the Tenth Amendment,” Immergut remarked during the proceedings, as reported by Adam Klasfeld of AllRise News.
During the hearing, Immergut pressed Justice Department attorney Eric Hamilton regarding the rationale for continuing troop mobilizations.
“How can bringing in federalized National Guard from California not directly contravene the TRO I issued yesterday?” she queried.
“As an officer of the court, aren’t the defendants bypassing my order?” she added.
Hamilton denied any violation of the law but provided a defense, to which Immergut responded critically.
“You need to demonstrate a valid claim that conditions in Oregon justify the deployment of the National Guard — you do not have that,” she stated.
Scott Kennedy from Oregon expressed frustration, likening the situation to “a game of rhetorical Whac-A-Mole” and alluding to reports that Trump may contemplate sending Texas National Guard troops to Chicago.
Representatives from the DOJ requested a stay, which Immergut promptly denied, asserting it was an “emergency” and that there were no new developments to warrant altering her prior ruling.
“I’m addressing this on an emergency basis with limited briefings,” she noted. “No new information has been presented concerning any fresh issues in Portland.”
California Governor Gavin Newsom (D) took to X to express his satisfaction.
“BREAKING: We just achieved victory in court — once again. A federal judge BLOCKED Donald Trump’s unjust effort to DEPLOY 300 OF OUR NATIONAL GUARD TROOPS TO PORTLAND. The court approved our request for a Temporary Restraining Order — STOPPING ANY FEDERALIZATION, RELOCATION, OR DEPLOYMENT of ANY GUARD MEMBERS TO OREGON FROM ANY STATE. Trump’s misuse of power will not be tolerated,” the post read.
The Justice Department has indicated plans to appeal the ruling, arguing that the president retains the authority under federal law to deploy National Guard forces in cases of “domestic unrest.”
Fox News’ Lee Ross contributed to this report.
