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Judge Blocks National Guard Deployment to Portland Pending Final Ruling

The order keeps troops off city streets as the court weighs the president’s authority under Title 10 to federalize state Guard units for protest response.

Overview

  • U.S. District Judge Karin Immergut issued a preliminary injunction late Sunday barring deployment of National Guard troops to Oregon from any state for one week, with a final decision expected by Friday.
  • In a 16-page order, the judge found the statutory conditions under 10 U.S.C. §12406 were not met, concluding there was no rebellion and that regular officers have been able to enforce federal law at Portland’s ICE facility.
  • Immergut wrote that violence since June was isolated and sporadic, that there were no serious injuries to federal personnel, and that using federalized troops to protect a single building exceeded the president’s authority.
  • The court allowed already federalized Guard members to remain under federal control but prohibited any deployment to Portland until the final ruling is issued.
  • The case follows Trump’s Sept. 27 federalization order and cross‑state call-ups that triggered earlier TROs, with trial testimony split between Federal Protective Service claims of overstretch and local police accounts that federal tactics have inflamed otherwise limited unrest.