by Emmitt Barry, with reporting from Washington D.C. Bureau Staff
PORTLAND (Worthy News) – A federal judge has extended an order preventing President Donald Trump from deploying National Guard troops to Portland, Oregon, to respond to unrest targeting federal immigration facilities, ruling that the administration failed to justify the move under federal law and the U.S. Constitution.
U.S. District Judge Karin Immergut issued the temporary injunction on Sunday, November 2, following a three-day trial that concluded on October 31. Her order halts the federal government from deploying Guard members from Oregon, California, or Texas, or from any other state under the same conditions, until she delivers a final ruling by 5 p.m. on November 7.
The case, brought by the states of Oregon and California and the city of Portland, challenges the president’s authority to federalize state National Guards under Title 10, Section 12406 of the U.S. Code, which permits such actions only during invasions, rebellions, or when states are unable to enforce federal laws.
Judge Immergut wrote that “no credible evidence” showed Portland’s protests amounted to such a rebellion or posed a significant danger to federal personnel. Instead, she said the violence had been “isolated and sporadic,” resulting in “no serious injuries to federal personnel.”
Citing testimony from Portland Police Bureau command staff, the judge concluded that the administration’s justification for invoking emergency powers lacked substance. “The protests in Portland at the time of the National Guard callouts are likely not a ‘rebellion,’ and likely do not pose a danger of rebellion,” she stated.
The ruling specifically blocks Secretary of War Pete Hegseth from implementing memorandums federalizing and deploying members of the Oregon, Texas, and California National Guard to Portland. Immergut determined that the move likely violated both statutory limits under Title 10 and the Tenth Amendment, which reserves powers not delegated to the federal government to the states.
“Sending in troops from one state into another infringes on state sovereignty,” she wrote, describing it as “an injury to Oregon’s sovereignty under the Constitution, and Oregon’s equal sovereignty among the States.”
President Trump had announced the planned deployments in a September 27 post on Truth Social, saying troops were needed to “protect war-ravaged Portland, and any of our ICE facilities under siege from attack by Antifa and other domestic terrorists.”
While the Ninth Circuit Court of Appeals temporarily reinstated Trump’s authority to federalize Guard units last week, it left Immergut’s block on actual deployments in place pending final review.
The court’s forthcoming decision on November 7 could set a major precedent defining the limits of federal power over state military forces in domestic unrest situations.
Copyright 1999-2026 Worthy News. This article was originally published on Worthy News and was reproduced with permission.
More Worthy News
The administration of Donald Trump has informed Israeli Prime Minister Benjamin Netanyahu that it remains committed to securing the return of the final deceased Israeli hostage and to disarming Hamas, but will not make either a precondition for launching phase two of its Gaza peace plan, according to a Times of Israel exclusive.
Donald Trump on Wednesday signed a sweeping presidential memorandum directing the United States to withdraw from 66 international organizations, including 31 entities tied to the United Nations, in a major escalation of his “America First” agenda.
Fire safety inspections had not been carried out for several years at the Swiss mountain bar where a New Year’s party blaze killed 40 people and injured at least 116 others, local authorities confirmed Wednesday, as investigators widened a criminal probe into the tragedy.
The United States on Wednesday signaled to Russia and other powers that it intends to assert control over Venezuela and its oil sector by seizing two sanctioned tankers and unveiling a plan to channel Venezuelan crude sales through U.S.-approved mechanisms.
Russia and the United States edged closer to confrontation after U.S. forces seized a Russian-flagged oil tanker in the North Atlantic, prompting sharp protests from Moscow and assertive statements from senior U.S. officials.
Questions have been raised about Italian security arrangements after pro-Palestinian protesters physically blocked passengers from boarding a flight to Tel Aviv at Milan’s main airport, forming a human barrier at the gate and delaying the departure for more than two hours.
New Year celebrations for Pakistan’s Christian minority have been overshadowed by the killing of a Christian father of three, the vandalism of a church, and renewed fears that strict Islamic blasphemy laws could fuel further violence against religious minorities.