U.S. District Judge Karin Immergut concluded that the Trump administration violated the 10th Amendment and that the deployment was “beyond the authority of the president.”
Trump’s National Guard deployment faces backlash
President Donald Trump’s deployment of the National Guard to U.S. cities has raised questions about the military’s role in civilian life.
A federal judge ruled on November 7 that the National Guard cannot be deployed to Portland and that President Donald Trump’s attempt to do so exceeded his authority.
U.S. District Judge Karin Immergut outlined the facts of the case in a 106-page opinion, concluding that the Trump administration violated both the Tenth Amendment and Title 10 Section 12406.
“The evidence shows that these deployments, which were opposed by the Governor of Oregon and not at the request of federal officials responsible for securing the ICE building, exceeded the president’s authority,” Immergut, a Trump appointee, said in a statement.
The ruling came after Immergut heard testimony during a three-day trial and on Nov. 2 issued a preliminary injunction barring the deployment of troops until 5 p.m. on Nov. 7.
The relevant portion of Title 10, United States Code, Section 12406 provides that the President may raise federal troops if there is an existence or threat of insurrection or if the law cannot be enforced by “regular military forces.”
Immergut reiterated those findings in issuing the permanent injunction, and the Trump administration is expected to appeal.
Meanwhile, the Oregon National Guard will remain federalized for two more weeks.
In a statement, Kotek renewed calls for the Guard to be brought home.
“This ruling, the fourth in the case, confirms the facts on the ground: Oregon does not want or need military intervention, and President Trump’s attempt to federalize the Guard is a gross abuse of power,” she said.
The Trump administration previously appealed an interim order by Immergut blocking the federalization and deployment of the Oregon National Guard.
The Ninth Circuit Court of Appeals ruled 2-1 in favor of the Trump administration, but the ruling was vacated because a majority of the circuit’s judges voted for a rehearing by a larger panel of judges.
A total of 400 National Guard troops, 200 each from Oregon and California, have been transferred to the federal government and have been waiting for deployment to military bases in Oregon for more than a month while the legal process continues.
Immergut heard three days of witness testimony from law enforcement officers and officials who testified about conditions around ICE facilities.
Notable revelations include the Trump administration’s admission that the National Guard is stationed at ICE facilities after Immergut blocked their deployment, and that the deputy regional director for the Federal Protective Service, which is responsible for protecting ICE facilities, expressed surprise at the deployment.
Oregon Attorney General Dan Rayfield said in a statement that Immergut’s decision is a “huge victory.”
“The court is holding the regime accountable to truth and the rule of law,” he said. “From the beginning, this case was about ensuring that facts, not political whims, guide how the law is applied. Today’s decision protects that principle.”
Judge’s decision is the latest in a tortuous legal battle
Here are some key events in the legal battle over whether President Trump can deploy the National Guard to Portland.
- September 27 – President Trump posts on social media that he will send troops to Portland.
- September 28 – The states of Oregon and Portland file a lawsuit against the Trump administration, accusing the president of exceeding his authority.
- September 29 – Oregon and Portland request a temporary restraining order to stop the deployment of the Guard while the incident is ongoing.
- September 30th and October 1st – 200 Oregon troops from units based in Salem and Woodburn begin arriving at Camp Lylea.
- October 2 – The first judge assigned to the case, Judge Michael Simon, resigns after the Trump administration suggests he resign. Simon is married to U.S. Representative Suzanne Bonamici (D-Oregon). Judge Karin Immergut will be presiding over the case.
- October 4 – Immergut grants a temporary restraining order suspending federalization and deployment of the Oregon National Guard for two weeks.
- Oct. 5 – The Trump administration appeals to the U.S. 9th Circuit Court of Appeals, seeking a stay on Immergut’s order and an emergency stay pending the court’s consideration.
- Oct. 5 – President Trump sends 200 California National Guard troops to Oregon, and Gov. Tina Kotek says she has heard Texas National Guard members will be sent to Oregon and other states.
- October 5th – Oregon and Portland request a second temporary restraining order.
- October 5 – Immergut issues a second restraining order stopping any state from sending federal National Guard troops to Oregon.
- October 8 – The Court of Appeals grants an administrative stay, temporarily suspending Immergut’s order and allowing the Oregon National Guard to federalize, but cannot deploy because of the second order.
- Oct. 9 – The Court of Appeals hears oral arguments on whether the stay should be granted.
- October 15th – Immergut extends the temporary restraining order for another two weeks and schedules trial for October 29th.
- October 20 – The Court of Appeals grants the Trump administration’s request to stay the initial temporary restraining order in a 2-1 decision.
- Oct. 20 – A Ninth Circuit judge not assigned to the case calls for a vote on whether the justices should reconsider the decision as a larger group and asks the Trump administration, Oregon and Portland to submit responses by midnight Oct. 22.
- October 20 – The Trump administration files a motion asking Immergut to dissolve or suspend a second order in light of the appeals court ruling.
- October 21 – Oregon, Portland, and California file responses asking Immergut to uphold its second order.
- Oct. 22 – Immergut has scheduled a public hearing on the motion to disband Oct. 24 at 10 a.m.
- Oct. 22 – The Trump administration responds to Oregon’s motion and asks Immergut to rule on the motion on Oct. 22, ahead of an Oct. 24 hearing.
- October 24 – Mr. Immergut hears oral argument on the Trump administration’s motion to lift a second temporary restraining order.
- Oct. 24 – The U.S. Court of Appeals for the Ninth Circuit suspends its Oct. 20 ruling until Oct. 28 at 5 p.m., allowing the appellate court to vote on whether to rehear the case.
- Oct. 28 – A majority of Ninth Circuit judges agree to vacate an earlier ruling by the Court of Appeals and rehear the case en masse.
- October 29th – Trial begins.
- October 31st – Trial ends.
- Nov. 2 – Immergut issues a preliminary injunction until Nov. 7 at 5 p.m. to give it more time to consider the lawsuit.
Statesman Journal editor Jonathan Williams contributed to this report.
Anastasia Mason covers state government for the Statesman Journal. Contact us at acmason@statesmanjournal.com or 971-208-5615.
