A federal judge ruled on Friday that U.S. President Donald Trump acted unlawfully by ordering National Guard troops to Portland, Oregon, marking a legal setback for the administration’s use of the military in U.S. cities. This ruling by U.S. District Judge Karin Immergut is the first permanent block against Trump’s deployment of military force to suppress protests against immigration authorities, a tactic he is also seeking to employ in Democratic-led cities like Los Angeles, Chicago, and Washington, D.C. Immergut’s decision supersedes her previous interim order that had halted the deployment of troops to Portland.
Despite being a Trump appointee, Immergut dismissed the administration’s argument that protesters at an immigration detention facility were engaged in a rebellion that warranted 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 American soil, albeit rarely tested.
The administration is expected to appeal the ruling handed down on Friday, with the case potentially escalating to the U.S. Supreme Court. The City of Portland and the Oregon Attorney General’s Office initiated the lawsuit in September, alleging that the Trump administration exaggerated sporadic violence to justify sending in troops under a law permitting such action in cases of rebellion.
During a three-day bench trial, conflicting narratives emerged. Justice Department lawyers portrayed a chaotic and violent situation overwhelming federal agents, echoing Trump’s characterization of the city as “war-ravaged.” Conversely, lawyers representing Oregon and Portland argued that violence had been infrequent, isolated, and effectively managed by local law enforcement.
A review of court records revealed that at least 32 individuals faced federal charges stemming from the Portland protests since their commencement in June. Of these, 11 have pleaded guilty to misdemeanors, receiving probation upon sentencing. Notably, one protester pleaded guilty to intimidation after throwing a knife at an officer and missing, potentially facing up to 20 years in prison. The charges against the defendants primarily included assaulting federal officers, with 14 felonies and seven misdemeanors filed. Prosecutors dismissed two cases without clarification. Charging documents detailed instances of protesters kicking, shoving, spitting on officers, and throwing objects like rocks and knives, resulting in minor injuries to officers.
Critics, particularly Democrats, have accused Trump of misusing military powers intended for genuine emergencies, such as invasions or armed rebellions. Immergut initially blocked Trump from deploying troops to Portland through an interim order issued on October 5, a decision that the Ninth U.S. Circuit Court of Appeals is currently reviewing. Preliminary rulings from three judges, including Immergut, have concurred that Trump’s National Guard deployments are not permissible under the emergency legal authority cited by the administration.