Federal Judge Karin Immergut blocked the deployment of National Guard troops to Portland, Oregon, ruling that President Donald Trump’s claims of insurrection lack factual basis. The decision came on Sunday, following similar lawsuits from Oregon and California against the federalization of military units. Trump responded on Monday, stating he is considering invoking the Insurrection Act of 1807 to bypass judicial obstacles and protect federal buildings.
Oregon Governor Tina Kotek contested the measure, arguing there is no real threat to national security or insurrection in the city. Local authorities reported small protests near immigration facilities, with no recent major incidents. The Trump administration plans to appeal the decision to the Ninth Circuit Court of Appeals.
The judge emphasized that Portland’s protests do not meet constitutional criteria for military intervention, violating state sovereignty and the Tenth Amendment. Immergut, appointed by Trump in his first term, issued a 14-day temporary restraining order.
- Protests mainly occurred in June, with 25 arrests.
- No arrests recorded in the past three and a half months.
- Local police have 812 officers trained in crowd management.
Details of the judicial decision
Immergut ruled that federalizing 200 Oregon National Guard members lacks legal basis, as claims of nighttime violence against federal immigration authorities were unproven. The Department of Defense had reassigned troops from California to the area, but the judge extended the block to units from other states.
Oregon and Portland’s lawsuit argued a violation of the Posse Comitatus Act, which prohibits military use in domestic law enforcement without specific authorization. The judge denied a request to suspend the order pending appeal, reinforcing that the president cannot bypass Congress in calling up militias.
The federal government described the ruling as disconnected from reality, but Immergut cited the absence of fires, bombs, or fatalities from civil unrest in Portland.
History of the law’s invocations
The Insurrection Act of 1807 allows the president to deploy armed forces to suppress rebellions or obstructions to federal law. Used about 30 times in U.S. history, including during the civil rights movement by Kennedy and Johnson for school integration.
In 1992, it was invoked against riots in Los Angeles after the acquittal of police officers in the Rodney King case. Trump mentioned the law during the 2024 campaign to address unrest, and allies discussed its use in immigration and protest contexts.
Officials like Deputy Chief of Staff Stephen Miller criticized judicial decisions as a “legal insurrection” against the Constitution, defending exclusive presidential powers.
State authorities’ positions
California Governor Gavin Newsom sued the administration after the federalization of 300 troops to Portland, calling it an abuse of power. Newsom stated that Trump ignores court orders and treats judges as political opponents.
Tina Kotek emphasized that protests are peaceful and exercise free speech against federal immigration actions. Oregon authorities argued that state and local police were not consulted before the mobilization.
The Department of Defense plans to extend deployments for up to 60 days in cities like Chicago and Portland, under a presidential determination on October 4 regarding impediments to law enforcement.
Expansion to other cities
Trump ordered troops to Chicago despite objections from the Illinois governor, expanding interventions in Democratic areas. Defense Secretary Pete Hegseth authorized up to 400 Texas National Guard members for multiple locations.
Judges in San Francisco have blocked similar uses in Los Angeles, citing Posse Comitatus violations. The administration is appealing, claiming the need to protect federal agents during immigration operations.
Protests in Portland focus on ICE facilities, with isolated clashes between demonstrators and federal agents.
Trump administration’s reactions
Spokesperson Abigail Jackson defended Trump’s legal authority to protect federal assets after alleged attacks on law enforcement. Miller argued that district courts cannot usurp reserved presidential powers.
Trump described Portland as an area of agitators and “criminal insurrection,” justifying extreme measures if governors or mayors obstruct. He sees no immediate need for the law but would invoke it if deaths occurred or courts persisted.
The Department of Homeland Security declined to comment but emphasizes protecting personnel amid protests against immigration raids.
