A federal judge ruled on Friday that U.S. President Donald Trump unlawfully directed National Guard troops to Portland, Oregon, marking a legal setback to the administration’s use of military forces in American cities. This ruling by U.S. District Judge Karin Immergut is the first to permanently halt Trump’s deployment of military personnel to suppress protests against immigration authorities, a tactic also being pursued in Democratic-led cities like Los Angeles, Chicago, and Washington, D.C.
Judge Immergut, who was appointed by Trump, dismissed the administration’s argument that protesters at an immigration detention facility were engaged in a rebellion warranting the dispatch of troops. The use of military force by Trump to control civil unrest represents a significant departure from established norms against deploying troops within the United States.
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 troops under a law permitting such action in cases of rebellion. During a three-day bench trial, conflicting narratives emerged, with Justice Department attorneys describing a violent siege faced by federal agents, echoing Trump’s characterization of Portland as “war-ravaged.”
Attorneys representing Oregon and Portland countered that instances of violence were infrequent, isolated, and effectively managed by local law enforcement. They emphasized the importance of upholding constitutional law over martial law in the country. A review of court records revealed that 32 individuals have faced federal charges stemming from the Portland protests, with some pleading guilty to misdemeanors and others facing felony charges related to assaults on federal officers.
Critics, including Democrats, have accused Trump of misusing military powers intended for genuine emergencies like invasions or armed rebellions. Immergut had previously blocked Trump’s deployment of troops to Portland through an interim order issued on October 5, a decision that is now under review by the Ninth U.S. Circuit Court of Appeals. Multiple judges, including Immergut, have preliminarily ruled against the legality of Trump’s National Guard deployments under the emergency legal authority cited by his administration.