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Federal Judge Blocks Trump’s National Guard Deployment to Portland

The court said Oregon showed the protests did not satisfy the narrow statutory criteria for activating the Guard under 10 U.S.C. §12406.

Overview

  • U.S. District Judge Karin J. Immergut issued a temporary restraining order halting the federalization and deployment, with the order set to expire on Oct. 18 unless extended or overturned.
  • The Pentagon had already moved to place 200 Oregon National Guard members under federal control for 60 days to protect federal facilities in Portland.
  • In her ruling, the judge wrote that recent demonstrations near the ICE facility were small and largely uneventful and that the president’s determination was untethered to the facts.
  • At a hearing, a Justice Department attorney pointed to President Trump’s Truth Social posts as the key determination for invoking §12406, while Oregon and Portland argued local law enforcement could manage the situation.
  • The decision lands as courts test similar deployments elsewhere, including a recent California ruling limiting the Los Angeles mobilization, and as Illinois Gov. JB Pritzker says the administration told him it plans to federalize 300 Guard troops in his state.