U.S. District Judge Karin J. Immergut, appointed by President Trump, has issued two separate temporary restraining orders blocking the administration’s deployment of the National Guard to Portland. The judge’s rulings came after Trump’s September 27 announcement that he would send “all necessary Troops” to Portland to protect Immigration and Customs Enforcement (ICE) facilities.
Initially, Immergut blocked the deployment of 200 Oregon National Guard troops on Saturday, October 4, determining that Trump appeared to have “overstepped his constitutional authority” by federalizing the troops without justification. The judge found that protests in Portland “did not pose a danger of rebellion” and that local law enforcement was capable of managing the situation without military assistance.
When the administration attempted to circumvent this ruling by ordering 300 California National Guard members to Portland instead, Immergut expanded her restraining order on Sunday, October 5, to prevent any federalized National Guard troops from any state from deploying to Oregon. She also blocked a planned deployment of 400 Texas National Guard troops to Portland, Chicago and other areas.
Faced with judicial resistance, Trump escalated his rhetoric on Monday, October 6, suggesting he might invoke the Insurrection Act to bypass court orders entirely. “Portland is burning to the ground. It’s insurrectionist all over the place,” Trump declared, adding that he would use the Act “if it was necessary.”
The Insurrection Act of 1807 would allow Trump to deploy active-duty military forces domestically without state consent, potentially overriding court orders. White House Deputy Chief of Staff Stephen Miller characterized judicial rulings blocking deployments as “an insurrection against the laws and Constitution of the United States.”
Judge Immergut’s rulings were based on substantial evidence contradicting the Trump administration’s portrayal of Portland as a war zone. Court documents revealed that the night before Trump’s deployment order, police reported only 8-15 protesters at the ICE facility, “mostly sitting in lawn chairs and walking around,” with “energy was low, minimal activity.”
Portland has actually seen dramatic improvements in crime statistics. Homicides dropped 51% in the first half of 2025 compared to the same period in 2024, falling from 35 to 17 incidents – the steepest decline among major U.S. cities. Overall, violent crime decreased by 17%, with aggravated assaults down 18% and robberies declining 10%.
Despite legal restrictions, federal law enforcement has intensified its tactics in Portland. On Saturday evening, just hours after Immergut’s initial ruling, federal officers escalated their response by pushing protesters hundreds of yards through city streets and deploying tear gas, flash-bang grenades, and pepper balls without clear provocation.
Federal officers were accompanied by professional videographers capturing the show of force, while drones surveilled the area. This tactical escalation occurred as protests that had been relatively peaceful for months became more confrontational following Trump’s deployment announcement.
The Portland Police Bureau has made 36 arrests outside the ICE building since protests began in June, with federal law enforcement making additional arrests. Notable incidents include the arrest of conservative influencer Nicholas Sortor, which became a focal point for right-wing criticism of local police.
Portland represents the latest front in Trump’s unprecedented use of military forces in American cities during his second term. Federal deployments began in Los Angeles in June 2025, expanded to Washington D.C. in August, and have now targeted Memphis, with plans for additional cities including New York, Baltimore, San Francisco, and Oakland.
A federal court ruled in September that the Los Angeles deployment violated the Posse Comitatus Act, which restricts military involvement in domestic law enforcement.
The Trump administration has appealed Immergut’s rulings to the U.S. Court of Appeals for the 9th Circuit.
The temporary restraining orders remain in effect until October 19, with hearings scheduled for October 17 to determine whether they should be extended. Meanwhile, approximately 200 California National Guard troops remain at military facilities in Portland.
