Overview
- U.S. District Judge Karin Immergut found the administration exceeded its authority under Title 10 and violated the Tenth Amendment by seeking to deploy troops.
- The order permanently bars deployment in Portland and preserves the status quo for at least 14 days in which Guard members remain under federal control but cannot patrol the city.
- The Justice Department immediately appealed to the Ninth Circuit, as related cases in Chicago and other cities advance toward potential Supreme Court review.
- The decision followed a three-day bench trial with more than 750 exhibits, including testimony that federal officials on the ground did not request Guard support.
- The court concluded the ICE-facility protests were largely contained and mostly peaceful since June and did not constitute a rebellion or prevent execution of federal law.