Judge says Trump cannot deploy troops to Portland
By: anastasia Mason
Salem Statesman Journal
USA Today Network
..... A federal judge ruled November 7 [2025] that National Guard troops cannot e deployed in Portland, Oregon, and that President Donald Trump exceed his authority by attempting to do so.
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In a 106-page opinion, U.S. district Judge Karin Immergut outlined the facts of the case and concluded the Trump administration had violated both the 10th amendment to the Constitution and Title 10, Section 12406, of the U.S. Code,
..... "The evidence demonstrates that these deployments, which were objected to by Oregon's governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the President's authority," said Immergu, a Trump appointee.
..... The ruling comes after Immergut heard testimony during a three-day trial and used a November 2 [2025] preliminary injunction preventing troops from being deployed until 5 PM November 7. [2025] The relevant portion of the federal law at issue says the president can federalize troops when there is or is a threat of rebellion, or laws are unable to be executed using "regular forces."
..... Immergut reiterate those findings in issuing the permanent injunction, which the Trump administration is expected to appeal.
..... In the meantime, Oregon troops will remain in federalized for two more weeks.
..... In a statement, Governor Tina Kotek repeated her call that the National Guard be sent home.
..... "This ruling, now the fourth of its kind validates the facts on the ground," she said. "Oregon does not want or need Trump's attempts to federalize the Guard is a gross abuse of power."
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The Trump administration previously appealed a temporary oder by Immergut blocking the federalization and deployment of Oregon National Guard members.
..... The 9th U.S. Circuit Court of Appeals ruled 2-1 in the Trump administration's favor, but that ruling was vacated when a majority of the circuit's judges voted to have the case reheard by a lager panel of judges.
..... Four hundred national guard troops, 200 appeals from Oregon and California, have remained federalized and waiting to be deployed at Oregon military bases for more than a month as legal proceedings have continued.
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Immergut hear three days of witness testimony in which law enforcement offices and officials testified on the conditions around the Immigration and Customs Enforcement facility.
..... Notable revelations included the Trump administration acknowledging National Guard troops were at the ICE facility after Immergut had blocked their deployment and the deputy regional director of the Federal Protective Service responsible for protecting the ICE facility expressing surprise at the deployment.
..... Immergut's decision "is a huge victory," Oregon Attorney General Dan Rayfield said in a statement.
..... "The courts are holding this administration accountable to the truth and the rule of law," he said.
..... "From the beginning, this case has been about making suer that facts, not political whims, guide how the law is applied Today's [11/07/2025] decisions protects that principle."
..... Contributing: Jonathan Williams, Salem Statesman Journal