Federal Judge Extends Block on the Unlawful Use of National Guard Troops in Portland

A US federal judge on Wednesday extended a block on federally-deployed National Guard troops from entering Portland, Oregon.

The extension acts as a temporary measure, until October 29, when a three-day bench trial is scheduled to determine if a longer block is necessary. The state also awaits an opinion from the US Court of Appeals for the Ninth Circuit, who, during a oral arguments on October 9, expressed doubt in a district court’s ability to block this type of executive action.

The initial orders responded to a lawsuit filed by Oregon and the city of Portland on September 29 against President Donald Trump and his administration, seeking a temporary block of National Guard troops into the city. District Court Judge Karin Immergut, a first-term Trump appointee, issued the initial blocking order on October 4.

Trump responded the next day by calling in Texas National Guard troops instead; however, Immergut expanded the original order to block federalized troops from other states as well.

Immergut has stated that Trump did not have authority to federalize National Guard troops because the president can only do so if there is a invasion from a foreign nation or if there is a rebellion or event that inhibits the president from carrying out federal laws with local police. The judge held that the circumstances in Portland did not meet that threshold, stating, “The President’s determination was simply untethered to the facts.”

Trump’s order for Defense Secretary, Pete Hegseth, to deploy National Guard troops to Portland was triggered in part by a protest outside of Portland’s Immigration and Customs Enforcement (ICE) building. The demonstration came from growing tensions between Portland citizens and the administration’s recent use of ICE.

Trump has spoken of and attempted to federalize National Guard troops in cities across the country with varying degrees of pushback and success. Other cities include Washington, DC, Los Angeles, Chicago, Memphis and Austin. [MORE]