Judge extends order blocking Trump National Guard deployment to Portland

U.S. District Court docket Choose Karin Immergut on Sunday quickly prolonged an order banning the Trump administration from sending Nationwide Guard troops to Portland, Oregon, saying the administration has didn’t justify the transfer.

In an order issued Sunday night, Immergut preliminarily orders defendant Protection Secretary Hegseth to execute memoranda authorizing the federalization and deployment of Nationwide Guard members from Oregon, Texas and California to Portland.

The order will stay in impact “till this court docket points its ultimate judgment on the deserves no later than Friday, November 7, 2025, no later than 5:00 p.m.”

Immergut stated the court docket witnessed “three days of testimony and arguments in a trial that ended 48 hours in the past,” reviewing greater than 750 items of proof, a lot of them voluminous. She wrote that “the pursuits of justice require that this Court docket full a radical evaluation of the trial proof and transcripts earlier than making a ultimate dedication on the deserves.”

Karin J. Immergut (L) and Richard A. Hertling (R), nominees to function U.S. District Choose for the District of Oregon and Choose of the U.S. Court docket of Federal Claims, respectively, are sworn in throughout a judicial nomination listening to held by the Senate Judiciary Committee on October 24, 2018 in Washington, DC. (Win McNamee/Getty Photographs)

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In the end, she assessed the Trump administration’s actions and located the administration’s justification missing.

“Primarily based on the trial testimony, the Court docket finds no credible proof that through the roughly two months earlier than the President’s federalization order, the protests grew uncontrolled or concerned something greater than remoted and sporadic situations of violent conduct that didn’t lead to critical accidents to federal personnel,” she wrote.

The decide additional concluded that the President “in all probability had no colorable foundation” to invoke Part 12406(3) or Part 12406(2) to federalize and deploy the Nationwide Guard to Portland’s ICE facility.

Immergut pointed to testimony from native legislation enforcement — officers who had firsthand data of demonstrations — as key to her conclusion that the protests didn’t quantity to an revolt.

Federal brokers conflict with anti-ICE protesters on the U.S. Immigration and Customs Enforcement constructing on October 12, 2025 in Portland, Oregon. (Mathieu Lewis-Rolland/Getty Photographs)

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“Primarily based on testimony this Court docket discovered credible, significantly the testimony of Portland Police Bureau command workers who work in Portland and have firsthand data of the crowds on the ICE constructing from June to the current, the protests in Portland on the time of the Nationwide Guard calls are unlikely to represent an ‘revolt’ and are unlikely to pose a risk of revolt,” she wrote.

Immergut additionally concluded that the federal government’s actions probably violated authorized limits and constitutional protections.

The decide wrote that “defendants’ federalization and deployment of the Nationwide Guard in response to protests outdoors a single federal constructing in Portland, Oregon, exceeded delegated statutory authority beneath 10 USC § 12406 and violated the Tenth Modification.”

Legislation enforcement officers stand guard outdoors U.S. Immigration and Customs Enforcement (ICE) headquarters after U.S. District Choose Karin Immergut on Sunday quickly blocked U.S. President Donald Trump’s administration from sending Nationwide Guard troops to the Portland Police Bureau in south Portland, Oregon, Oct. 5, 2025. (Carlos Barria/Reuters)

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She added that sending troops from one state to a different constitutes an infringement of state sovereignty, describing it as “an infringement on the sovereignty of Oregon beneath the Structure, and on the equal sovereignty of Oregon among the many states.”

The decide stated she expects to challenge her ultimate ruling on the deserves no later than Friday, November 7, 2025, at 5:00 PM PT. Till then, “the Oregon Nationwide Guard might stay federalized however not deployed.”