Setback for Donald Trump – Judge temporarily blocks use of National Guard in Portland

A federal judge in Oregon has temporarily blocked the Trump administration’s plan to deploy 200 National Guard troops to Portland, marking a significant legal setback for former President Donald Trump as he seeks to assert federal control over security operations in Democratic-led cities.

What did the court decide on National Guard Deployment in Portland?

US District Judge Karin J. Immergut, a Trump appointee, issued a temporary restraining order (TRO) on Saturday halting the deployment of the Oregon National Guard. The order — set to expire on 18 October unless extended — was granted after the State of Oregon and the City of Portland jointly sued to prevent federal intervention.

In her ruling, Immergut said the U.S. Constitution “grants Congress the power to call forth troops — the ‘militia’ in the founding document — to execute laws, suppress an insurrection or repel an invasion.”

She added: “Because the President is federalizing the Oregon National Guard absent constitutional authority, his actions undermine the sovereign interest of Oregon as protected by the Tenth Amendment.”

The judge concluded that the plaintiffs had shown a likelihood of success on the merits, justifying temporary judicial intervention.

Why did the judge block the deployment in Portland?

Immergut’s decision underscores long-standing legal and constitutional concerns about the federalisation of state-controlled military forces. She wrote that:

“This country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs.”

Her order blocks implementation of a 28 September memorandum from the Trump administration directing the federalisation and deployment of Oregon’s National Guard troops to Portland.

The decision effectively halts the administration’s plan until the court can review the case more fully.

What was the Trump administration’s plan?

The Trump administration had announced on Friday that 200 National Guard troops would be activated in Portland to “support and protect federal personnel and property,” including the local Immigration and Customs Enforcement (ICE) detention centre, which has been the focus of anti-immigration protests.

US Northern Command confirmed the activation hours before Judge Immergut issued her ruling, saying the order came from Defence Secretary Pete Hegseth.

The deployment was part of a broader effort by Trump to send federal law enforcement and military support to Democratic-led cities, citing concerns over crime and civil unrest.

How did Oregon officials respond?

Oregon Governor Tina Kotek praised the ruling and urged calm among residents. In a statement, she said: “I will continue to hold the line on Oregon values while my office waits for Immergut’s ruling. I know Oregonians want to know what happens next but right now, we need to be patient. I ask that Oregonians who want to speak out about the recent actions do so peacefully and remain calm.”

Kotek and Portland city leaders have consistently opposed the federalisation of their National Guard units, arguing it violates state sovereignty and risks escalating tensions.

What are the broader implications?

The ruling represents a significant legal blow to Trump’s ongoing efforts to use federal troops in cities led by Democratic administrations. The case also raises constitutional questions about the balance of power between state and federal governments regarding control of the National Guard.

Earlier, Trump had signed a similar order on 15 September to send the National Guard to Memphis, a city with a Democratic mayor, and hinted that Chicago “was probably next.”

Governors of other states have pushed back. Illinois Governor J.B. Pritzker revealed that he had been warned by the Defence Department to “call up your troops, or we will.” He refused, stating:

“I want to be clear: there is no need for military troops on the ground in the State of Illinois. I will not call up our National Guard to further Trump’s acts of aggression against our people.”

What happens next?

Judge Immergut’s temporary restraining order remains in effect until 18 October, pending further hearings. The court could extend the order or issue a more permanent injunction depending on the government’s next legal steps.

For now, the 200 Oregon National Guard troops will remain under state control, while the Justice Department weighs whether to appeal the ruling.