In a late-night ruling that sent shockwaves through Washington, a federal judge in Oregon temporarily blocked President Donald Trump’s plan to deploy National Guard troops to Portland, citing constitutional concerns and a possible violation of federal law.
The decision, issued by U.S. District Judge Karin Immergut, a Trump appointee, represents the latest legal hurdle for the administration’s efforts to expand federal intervention in cities struggling with public unrest. The temporary restraining order halts the use of California National Guard troops in Oregon and prohibits the deployment of units from any other states or from Washington, D.C., pending further judicial review.
Judge Cites Federal Law and the Tenth Amendment
In her opinion, Judge Immergut argued that the administration’s order to send troops to Portland violated 10 U.S.C. §12406, which governs when the National Guard may be federalized, and the Tenth Amendment, which reserves powers not delegated to the federal government to the states.
“Oregon and the city of Portland are likely to succeed on their claim that the President exceeded his constitutional authority and violated the Tenth Amendment,” Immergut wrote in her 37-page ruling.
