Federal judge blocks Trump’s National Guard deployment to Portland amid constitutional challenge

A federal judge blocked President Donald Trump’s efforts to deploy National Guard troops into Portland in a late-night decision on Sunday.

U.S. District Judge Karin Immergut ruled the action was unlawful and unconstitutional, issuing an emergency temporary restraining order to halt the deployment of California’s National Guard. The order also bars the use of troops from any other state or Washington, D.C. in Oregon.

Immergut’s ruling says that the Trump administration’s action violates federal statute 10 U.S.C. §12406 and the Tenth Amendment.

“It appears to violate both 10 U.S.C. §12406 and the Tenth Amendment,” Immergut said during the proceeding, according to reporting from Adam Klasfeld of AllRise News.

Immergut also pressed Justice Department attorney Eric Hamilton on why the DOJ continued to pursue troop movements.

“How could bringing in federalized National Guard from California not be in direct contravention of the TRO that I issued yesterday?” she asked.
“You’re an officer of the court. Aren’t defendants circumventing my order?”

Hamilton went on to deny any wrongdoing but did offer a defense to which Immergut pushed back.

“You have to have a colorable claim that Oregon conditions warrant deploying the National Guard — you don’t.”

Law enforcement officers stand in tear gas outside a U.S. Immigration and Customs Enforcement facility during a protest on Saturday, Oct. 4, 2025, in Portland, Oregon. (AP Photo/Jenny Kane)

Oregon’s Scott Kennedy said it felt like “a game of rhetorical Whac-A-Mole” and referenced reports that Trump may be considering sending Texas National Guard troops to Chicago.

DOJ representatives requested a stay, but Immergut denied both the stay and the administrative delay, saying it was an “emergency” and there were no new facts to justify the request to change her previous ruling.

“I’m handling this on an emergency basis with limited briefing,” she said. “No new information has been provided about any new issues in Portland.”

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California Gov. Gavin Newsom (D) immediately took to X to boast.

“BREAKING: We just won in court — again. A federal judge BLOCKED Donald Trump’s unlawful attempt to DEPLOY 300 OF OUR NATIONAL GUARD TROOPS TO PORTLAND. The court granted our request for a Temporary Restraining Order — HALTING ANY FEDERALIZATION, RELOCATION, OR DEPLOYMENT of ANY GUARD MEMBERS TO OREGON FROM ANY STATE. Trump’s abuse of power won’t stand,” the post stated.

The Justice Department has made indications that it will be appealing the ruling with arguments that the president retains authority under federal law to deploy National Guard forces in cases of “domestic unrest.”

Fox News’ Lee Ross contributed to this report.