In a significant ruling, U.S. District Court Judge Karin Immergut, appointed by Trump, determined that the former president’s rationale for deploying troops to Portland in late September is unfounded. Trump had claimed that protests outside an Immigration and Customs Enforcement (ICE) facility since June constituted a “rebellion” against the federal government, which he argued justified the deployment.
Following a three-day trial that featured testimonies from various law enforcement officials and presented extensive evidence related to the protests outside the Portland ICE building, Immergut concluded that the deployment exceeded the president’s authority. She noted that the Oregon governor opposed the deployment and that federal officials responsible for securing the ICE facility had not requested additional troops.
Currently, 400 National Guard troops from Oregon and California have been stationed at military camps in Oregon since early October and remain federalized but cannot be deployed within the state. Immergut indicated that Oregon’s troops will remain in this status for at least another 14 days to maintain the existing conditions. The federalization of California troops, initially set to conclude in November, was extended by Defense Secretary Pete Hegseth until February 2, 2026, which California’s lawyers argue is a maneuver to allow Trump to deploy them in Portland despite the judge’s earlier ruling.
The state of California joined Oregon and Portland in a lawsuit after the Trump administration sent troops from California to Oregon in an attempt to bypass Immergut’s initial order blocking the federalization of the Oregon National Guard. Federal lawyers have indicated plans to appeal any unfavorable decision to the 9th Circuit Court of Appeals.
Oregon Governor Tina Kotek expressed her approval of the ruling, calling it a validation of the situation on the ground. “Oregon does not want or need military intervention, and President Trump’s attempts to federalize the guard is a gross abuse of power,” she stated. She urged the Trump Administration to withdraw all troops immediately, highlighting the prolonged absence of National Guard members from their jobs and families.
Oregon Attorney General Dan Rayfield celebrated the ruling as a victory for the state, emphasizing that the case was about ensuring that factual evidence, rather than political motivations, guided legal decisions. U.S. Senator Ron Wyden also weighed in, stating that the ruling reflects the reality of peaceful protests in Portland against the administration’s harsh immigration policies, calling it a win for Oregonians and the rule of law.
In her final decision, Immergut ruled that Trump violated Section 12406 of Title 10 of the U.S. Code and the 10th Amendment. She found that the federal government had not adequately demonstrated that protestors at the Portland ICE facility posed a threat beyond mere dissatisfaction with the government, rejecting claims of coordinated rebellion.
