Overview
- U.S. District Judge Karin Immergut issued a preliminary injunction preserving her block on any National Guard deployment to Portland until she delivers a final ruling by Nov. 7.
- The order allows already federalized Guard members to remain under federal control but forbids their deployment to the city in the interim.
- After a three-day trial with more than 750 exhibits, the court found the government is unlikely to meet the statutory thresholds in 10 U.S.C. §12406 and flagged a likely Tenth Amendment violation.
- The judge wrote there was no credible evidence of significant damage to the ICE facility or of conditions beyond the capacity of federal and local law enforcement, and she rejected the government’s characterization of the protests as a rebellion.
- An earlier Ninth Circuit panel stay was vacated, and the case is now under en banc review as related challenges proceed in other cities, including Chicago and Los Angeles.