A U.S. federal judge has once again extended a preliminary injunction preventing the Trump administration from deploying National Guard troops to Oregon, Texas, and California. District Court Judge Karin Immergut, appointed by President Trump, determined that the administration’s federalization and proposed deployment of National Guard forces to Oregon in response to protests exceeded statutory authority under 10 U.S.C. §12406 and the Tenth Amendment. Immergut found that the president lacked a “colorable basis to conclude that protesters’ activities significantly impeded the ability of federal officers to execute the laws.”
This ruling follows a series of legal actions initiated by the state of Oregon and the city of Portland. The initial lawsuit, filed on September 29, sought to temporarily block the deployment of National Guard troops into the city. Judge Immergut issued an initial injunction on October 4, which was subsequently extended until October 29. The court recently held a three-day trial during which over 750 exhibits were introduced into evidence. In her decision, Immergut emphasized the necessity of a thorough review of the exhibits and trial transcripts before issuing a final decision on the merits.
Oregon Attorney General Dan Rayfield expressed support for the ruling, stating that the decision is a step toward truth and accountability. He emphasized that the case has been about ensuring that facts, not political whims, guide the application of the law. Rayfield affirmed the state’s commitment to protecting Oregon’s ability to govern itself and maintain community safety.
Until a final order is issued, National Guard troops will remain federalized but not deployed. Attorneys for the Trump administration have indicated plans to appeal any adverse decision to the U.S. Court of Appeals for the Ninth Circuit.
This legal battle occurs amid growing public concern over crime in Oregon. The Oregon Common Sense Institute reported that a May 2024 poll revealed that 78 percent of Portland-area voters disapprove of how local government has handled crime. Additionally, a December 2023 poll showed that nearly 74 percent of respondents were concerned about becoming victims of crime, while 90 percent were dissatisfied with public safety.
The ongoing legal proceedings underscore the complex interplay between federal authority and state sovereignty, particularly in matters involving the deployment of military forces for domestic law enforcement purposes.