Overview
- U.S. District Judge Karin Immergut permanently enjoined deploying federalized Oregon Guard troops to Portland after a three‑day hearing, finding violations of §12406 and the Tenth Amendment.
- The administration has asked the Ninth Circuit for an emergency stay, leaving roughly 200 Guard members federalized but not deployed while appellate judges consider the request.
- In Illinois, a district court blocked federalization and the Seventh Circuit signaled the factual record did not meet §12406’s thresholds, with appellate review still active.
- The Solicitor General’s office urged extreme deference to the president in a Nov. 10 supplemental brief and the Supreme Court requested additional briefing on the statute’s reference to “regular forces.”
- Oregon and Illinois officials dispute the asserted security threats, and reporting and video evidence have undercut some federal claims, including a Border Patrol commander’s admission that he lied about a Chicago incident.