A federal judge ruled on Friday that U.S. President Donald Trump’s directive to deploy National Guard troops to Portland, Oregon was unlawful, marking a legal setback for the administration’s utilization of military forces in American cities. This ruling by U.S. District Judge Karin Immergut is the first to permanently halt Trump’s use of military intervention to suppress protests against immigration authorities, a move he also sought to implement in Democratic-led cities like Los Angeles, Chicago, and Washington, D.C. Immergut replaced her temporary order that had initially prevented the deployment of troops in Portland.
Despite being appointed by Trump, Judge Immergut dismissed the administration’s argument that protesters at an immigration detention facility were engaged in a rebellion, which they claimed justified the deployment of troops. Trump’s efforts to utilize military force to quell unrest represent a significant departure from longstanding norms against deploying troops on U.S. soil. The administration is expected to appeal the ruling, potentially escalating the case to the U.S. Supreme Court.
The legal battle began when the City of Portland and the Oregon Attorney General’s Office filed a lawsuit in September, alleging that the Trump administration exaggerated sporadic violence to justify sending in troops under a law allowing presidents to do so in cases of rebellion. During a three-day bench trial, conflicting narratives emerged. Justice Department attorneys described a violent siege faced by federal agents, echoing Trump’s characterization of Portland as “war-ravaged.”
In contrast, lawyers representing Oregon and Portland argued that instances of violence were isolated and effectively managed by local law enforcement. They emphasized the importance of upholding constitutional law over martial law. Court records indicate that since the protests began in June, 32 individuals have faced federal charges related to the demonstrations. Of those, 11 pleaded guilty to misdemeanors and received probation, while one protester who threw a knife at an officer and missed pleaded guilty to intimidation and could potentially face up to 20 years in prison.
The charges against the individuals included assaults on federal officers, with some facing felonies and misdemeanors. Prosecutors dismissed two cases without providing a reason. Charging documents detailed instances of protesters physically confronting officers, resisting arrest, spitting on officers, and throwing objects like rocks, water bottles, and a kitchen knife. Photos displayed officers with minor injuries such as scrapes and cuts.
Critics, particularly Democrats, have accused Trump of misusing military powers intended for genuine emergencies like invasions or armed rebellions. Immergut had previously blocked Trump from deploying troops to Portland through an interim order issued on October 5. The Ninth U.S. Circuit Court of Appeals is currently reviewing the administration’s appeal of that decision. Notably, three judges, including Immergut, have preliminarily ruled that Trump’s National Guard deployments are not permissible under the emergency legal authority cited by his administration.
