Judge temporarily blocks use of National Guard in Portland
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A federal judge in Oregon on Saturday temporarily blocked the deployment of 200 National Guard troops to Portland.

U.S. District Judge Karin J. Immergut, appointed by President Donald Trump, has issued a temporary restraining order following lawsuits by Oregon and Portland. This order is set to expire on October 18, though it may be renewed.

In her decision, Immergut explained that the U.S. Constitution entrusts Congress with the authority to summon troops, referred to as the “militia” in the original document, for law enforcement, quelling insurrections, or defending against invasions.

“The President’s decision to federalize the Oregon National Guard without constitutional authority challenges Oregon’s sovereign rights as safeguarded by the Tenth Amendment,” Immergut remarked in her ruling.

While this ruling is not definitive, Immergut noted that the plaintiffs presented a convincing likelihood of prevailing legally, warranting the temporary restraining order. This order halts the execution of a memo dated September 28, which intended the federalization and deployment of the Oregon National Guard.

Immergut emphasized that “this nation has traditionally resisted governmental overreach, particularly when it involves military interference in civil matters.”

The ruling is a setback for the Trump administration as it seeks to use military troops in some Democratic-run cities.

A federal judge in California last month ruled that the Trump administration’s use of the National Guard and Marines in Los Angeles was illegal.

U.S. District Judge Charles Breyer in San Francisco found that the administration breached the Posse Comitatus Act — a law from 1878 prohibiting the use of military forces as a domestic police entity by the president.

In the Portland case, the city and state sued on Sept. 28 to prevent the use of military troops in Portland, and they asked a federal court to stop the deployment to the city.

Hours after a Friday hearing before Immergut and before she had issued any ruling, U.S. Northern Command announced that Defense Secretary Pete Hegseth had activated the 200 troops.

Pentagon spokesperson Sean Parnell said that Trump directed Hegseth to call the Oregon National Guard into federal service for 60 days to protect Immigration and Customs Enforcement and other government personnel in the city.

Portland is not the only U.S. city that Trump has targeted for the deployment of military troops.

On Saturday, Illinois Gov. JB Pritzker said he was informed by the Trump administration that the Department of Defense plans to federalize 300 members of the Illinois National Guard and deploy them within his state.

On Sept. 15, Trump signed a memo ordering the National Guard to Memphis. Although Tennessee has a Republican government, the city’s mayor is a Democrat.

That order was also to send federal law enforcement agencies to Memphis in what Trump characterized as a crackdown on crime.

Trump said at that Sept. 15 signing that Chicago was “probably next.”

Governors have the authority to deploy their states’ National Guard. The Trump administration would be federalizing the National Guard to send troops to cities if the governor declines to do so.

Pritzker, the governor of Illinois, said Saturday that he was given an ultimatum by Defense Department officials to “call up your troops, or we will.” Pritzker said he would refuse.

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

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