Judge halts Trump troop deployment in Portland amid backlash from governors

Judge blocks Trump troop deployment in Portland as governors push back on federal overreach

A federal judge temporarily blocked the Trump administration’s plan to send National Guard troops to Portland, calling the protests there “small and uneventful.” Governors in Oregon, California, and Illinois are pushing back against what they call federal overreach.

OAKLAND, Calif. - A federal judge has temporarily blocked the Trump administration from deploying National Guard troops to Portland, ruling that the government failed to show justification for the deployment.

The ruling came just hours after federal agents used tear gas on demonstrators outside the city’s ICE building, where roughly 400 people marched Saturday. 

At least six were arrested.

Big picture view:

President Trump has described Portland as "war-ravaged," but U.S. District Judge Karin Immergut, a Trump appointee, issued a two-week restraining order, writing that the protests were "small and uneventful" and did not justify federal military involvement.

"This historical tradition boils down to a simple proposition: this is a nation of Constitutional law, not martial law," Immergut wrote in her ruling. "Defendants have made a range of arguments that, if accepted, risk blurring the line between civil and military federal power — to the detriment of this nation."

UC College of the Law professor David Levine elaborated on the judge's ruling.

"She said that the federal government made no showing of anything current or imminent in Portland, and so that she felt that the President's request could not be supported," Levine said.

The ruling drew criticism from the White House, including Deputy Chief of Staff Stephen Miller, who called it "legal insurrection." 

California Governor Gavin Newsom’s office responded to the criticism on X: "Sorry the Constitution hurt your feelings."

On Friday, Newsom said that some California National Guard troops were being sent to Portland at President Trump’s direction, reportedly to help train Oregon soldiers. On Sunday, the governor's office confirmed that California troops were sent to the neighboring state in spite of the court order.

"In response to a federal court order that blocked his attempt to federalize the Oregon National Guard, President Trump is deploying 300 California National Guard personnel into Oregon," Newsom said. "They are on their way there now. This is a breathtaking abuse of the law and power. The Trump Administration is unapologetically attacking the rule of law itself and putting into action their dangerous words — ignoring court orders and treating judges, even those appointed by the President himself, as political opponents."

The governor told the San Francisco Chronicle he was prepared to sue over the move.

"This isn’t about public safety, it’s about power," Newsom said in a prepared statement. "The commander-in-chief is using the U.S. military as a political weapon against American citizens. We will take this fight to court, but the public cannot stay silent in the face of such reckless and authoritarian conduct by the President of the United States."

Guard in Other Cities?:

In Illinois, Governor J.B. Pritzker said Saturday he had been informed by the Pentagon that Guard troops would be deployed to Chicago. He called the decision "unnecessary" and a "manufactured performance."

Earlier this week, Trump again threatened to use the military in cities such as San Francisco.

"It seems that the ones that are run by the radical left Democrats, what they've done to San Francisco, Chicago, New York, Los Angeles, they're very unsafe places. And we're going to straighten them out one by one. And this is going to be a major part for some of the people in this room," Trump said Tuesday before military leaders in Virginia. 

Levine questioned the legal basis for any similar deployment to San Francisco.

"So I can't even imagine what they would point to in San Francisco as even a fig leaf to say something is going on... currently there's maybe a few minor, minor, demonstrations," he said. "So it would be very unlikely I think that the President would have the right to bring a National Guard."

San Jose Rep. Zoe Lofgren, the top ranking Democrat on the House Committee on Science, Space and Technology, opined that the federal government's actions constitute political revenge on the President's part.

"When Trump deployed the National Guard to Los Angeles despite Californians’ objections, it was only the beginning of a slippery slope," Lofgren said. "Trump has now used the military against American citizens in several cities, and Portland is potentially next. It’s clear he’s doing these authoritarian stunts in Democratic cities for political retribution. Our brave service members, who Trump has called "suckers and losers", should not be used as political pawns."

What's next:

A hearing is scheduled for Oct. 17 to decide whether the temporary block in Portland will be extended.