A federal judge has issued a permanent injunction blocking the Trump administration from deploying National Guard troops to Portland, Oregon, ruling that President Donald Trump’s invocation of federal emergency powers under Title 10 of the U.S. Code was unjustified.
In a 106-page ruling, U.S. District Court Judge Karin Immergut concluded that there was “neither a rebellion nor danger of a rebellion” that warranted the president’s action to federalize and deploy National Guard forces. The court held that the administration’s move overstepped constitutional boundaries, determining that normal law enforcement resources were sufficient to manage the situation.
Judge Immergut’s decision comes after months of legal wrangling between federal officials and state leaders in Oregon and California. The ruling follows a three-day trial involving testimony from federal, state, and local law enforcement, as well as the review of more than 750 pieces of evidence related to protests outside a U.S. Immigration and Customs Enforcement (ICE) facility in Portland.
Trump Administration Defends Action as Lawful and Necessary
The Trump administration swiftly condemned the decision and announced plans to appeal to the 9th U.S. Circuit Court of Appeals. White House spokeswoman Abigail Jackson emphasized that the president acted “lawfully to protect federal officers and assets amidst ongoing violent riots and lawlessness.”
“President Trump will not turn a blind eye to the lawlessness plaguing American cities,” Jackson stated. “Local leaders have refused to step in to quell violent unrest. The President’s lawful actions will make Portland safer.”
Assistant Secretary for Homeland Security Tricia McLaughlin echoed that position, defending the use of Title 10 authority as a measure to ensure public safety and protect federal property. “These actions are squarely within the president’s power,” she said, asserting that local officials had failed to maintain order during prolonged protests targeting federal facilities.
Oregon Officials Praise Ruling, Call for Troop Withdrawal
Democratic Oregon Governor Tina Kotek welcomed the ruling as a victory for state sovereignty and civilian governance. “This ruling, now the fourth of its kind, validates the facts on the ground,” Kotek said. “Oregon does not want or need military intervention, and President Trump’s attempts to federalize the Guard represent a gross abuse of power.”
Kotek urged the Trump administration to “send all troops home now,” noting that Oregon National Guard members have been away from their families and jobs for over a month. The decision also affects California National Guard troops who were placed under federal control for deployment to Oregon.
Legal analysts say the case underscores ongoing tensions between federal authority and states’ rights in managing domestic unrest. Although the ruling allows the National Guard to remain under federal control for 14 more days, it bars any future deployments without a clear legal justification under Title 10.
Appeals Court to Rehear the Case
The 9th Circuit Court of Appeals had previously paused one of Judge Immergut’s temporary orders in October, but later vacated that decision and agreed to rehear the case before an 11-judge panel. Until then, her earlier order—under which the Guard remains federalized but not deployed—remains in effect.
Judge Immergut, a Trump appointee, wrote that evidence did not support the Trump administration’s depiction of Portland as “war-ravaged” or “out of control.” Her ruling described those characterizations as “simply untethered to the facts,” a statement that may influence the appeals court’s review of the president’s authority under Title 10.
