Trump’s National Guard Plan for Portland Hits a Legal Wall—Here’s What Happened

Lucy Bernard stands in front of the federal courthouse in Portland, Ore. on Friday, Oct. 3.(Saskia Hatvany / OPB)

Portland, Ore. — October 4, 2025 - A federal judge in Oregon issued a temporary restraining order Saturday, halting President Donald Trump's attempt to federalize and deploy 200 members of the Oregon National Guard to Portland amid ongoing protests against immigration enforcement.U.S. District Judge Karin J. Immergut ruled that the administration's actions likely violated state sovereignty under Title 10 of the U.S. Code, blocking the deployment at least until October 18, when a full hearing is scheduled.

The decision came hours after clashes between protesters and federal agents at the ICE facility in South Portland, where tear gas was deployed and six demonstrators were arrested.Immergut, a Trump appointee confirmed in 2019, cited insufficient evidence of an "insurrection" justifying federalization, echoing legal challenges during the 2020 Portland protests when federal agents were deployed without state consent.

Oregon Attorney General Dan Rayfield filed the emergency lawsuit Friday on behalf of Gov. Tina Kotek, arguing that Trump's September 30 executive order—authorizing quick-reaction forces for civil disturbances—unlawfully seized control of the state's 4,000-member National Guard without gubernatorial approval.The Guard, historically activated for state emergencies like the 2020 wildfires that scorched 1 million acres, has not been federalized for domestic unrest since 1941.

In her 12-page order, Immergut wrote: "The president's unilateral action risks eroding the federal-state balance essential to our republic." She directed Defense Secretary Pete Hegseth to return command to Kotek immediately, noting the deployment would have stationed troops at federal buildings amid nightly demonstrations that have drawn 400 participants weekly since August.

Kotek praised the ruling as a "vital safeguard against federal overreach," vowing to maintain local policing for the sanctuary city, which has seen 120 ICE arrests since Trump's inauguration."Portland is resilient, but we won't tolerate an occupation," she said in a statement.

The Trump administration swiftly condemned the decision as "activist judging" that endangers law enforcement. White House Press Secretary Karoline Leavitt announced plans to appeal to the Ninth Circuit Court of Appeals, framing the Guard's role as essential to counter "domestic terrorists" in a city Trump labeled a "war zone" during his September 30 Quantico address.

Hegseth, who authorized the call-up under the Insurrection Act's shadow, defended it as a response to ICE obstructions, with over 15,000 nationwide arrests tied to the One Big Beautiful Bill Act's quotas.The deployment mirrored 2020's federal surge, when 100 DHS officers arrived unannounced, sparking lawsuits and congressional probes.

Civil liberties advocates, including the ACLU of Oregon, hailed the block as precedent-setting, citing potential First Amendment violations in militarized responses to protests that have remained largely peaceful.

The legal battle revives memories of summer 2020, when federal agents' tear gas use outside the Mark O. Hatfield Federal Courthouse drew 100 nights of demonstrations and bipartisan criticism.Then-Gov. Kate Brown secured a partial withdrawal after negotiations, but Trump's current push—tied to immigration raids yielding 2 million deportations annually—signals a hardened stance.

With the government shutdown in its eighth day straining resources, analysts predict the appeal could reach the Supreme Court by midterms. For Portland's 650,000 residents, the ruling offers temporary reprieve, but the fault lines of federal power persist.