A federal judge in Oregon has temporarily halted the deployment of 200 National Guard troops to Portland. U.S. District Judge Karin J. Immergut issued a temporary restraining order on Saturday after the state of Oregon and the city of Portland filed a lawsuit against the federal government. The order is set to expire on October 18 but may be extended.

In her ruling, Immergut emphasized that the U.S. Constitution grants Congress the authority to call forth troops, which she referred to as the "militia," to enforce laws, suppress insurrections, or repel invasions. She stated that President Donald Trump's attempt to federalize the National Guard without constitutional backing undermines Oregon's sovereignty. "This country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs," Immergut wrote. She added, "This historical tradition boils down to a simple proposition: this is a nation of Constitutional law, not martial law."

The judge noted that the plaintiffs demonstrated a likelihood of success in their case, which justified the issuance of the restraining order. This ruling blocks the implementation of a memo from September 28 that ordered the federalization and deployment of the Oregon National Guard.

Oregon Governor Tina Kotek expressed satisfaction with the ruling, stating, "Justice has been served, and the truth has prevailed. There is no insurrection in Portland. No threat to national security. No fires, no bombs, no fatalities due to civil unrest. The only threat we face is to our democracy — and it is being led by President Donald Trump."

The Trump administration has announced plans to appeal the ruling to the Ninth Circuit Court of Appeals. A White House spokesperson indicated that an appeal was likely, asserting, "President Trump exercised his lawful authority to protect federal assets and personnel in Portland following violent riots and attacks on law enforcement — we expect to be vindicated by a higher court."

This ruling represents a setback for the Trump administration, which has sought to deploy military troops in various Democratic-led cities. A federal judge in California recently ruled that the administration's use of the National Guard and Marines in Los Angeles was illegal, citing a violation of the Posse Comitatus Act, which restricts the use of military forces for domestic law enforcement.

The lawsuit from Oregon and Portland was filed on September 28 to prevent the military's involvement in the city. Just hours before Immergut's ruling, U.S. Northern Command announced that Defense Secretary Pete Hegseth had activated the 200 troops. Pentagon spokesperson Sean Parnell stated that Trump directed Hegseth to call the Oregon National Guard into federal service for 60 days to protect Immigration and Customs Enforcement and other federal personnel in Portland.

Oregon Attorney General Dan Rayfield expressed concern about the situation, stating, "We’re in an incredibly dangerous place in America right now." He described the effort to deploy the National Guard as an attempt to normalize military presence in U.S. cities.

Portland is not the only city targeted for military deployment by Trump. On September 15, he signed a memo to send the National Guard to Memphis, Tennessee, despite the city's Democratic mayor. Trump indicated that Chicago might be next on the list for military intervention.

Governors have the authority to deploy their state's National Guard. However, the Trump administration's plan to federalize the National Guard would allow them to send troops to cities if governors refuse. Illinois Governor JB Pritzker stated that he was informed by the Trump administration that the Department of Defense plans to federalize 300 members of the Illinois National Guard. Pritzker rejected the ultimatum, saying, "I want to be clear: there is no need for military troops on the ground in the State of Illinois."

Immergut noted that protests in Portland had occurred outside an ICE building since Trump signed a memorandum in June authorizing the federalization of the National Guard. While there was violence during some protests, she indicated that they had become mostly peaceful by late September, often involving twenty or fewer participants. Portland Mayor Keith Wilson defended the city, stating, "Portland is a peaceful city. This narrative was manufactured."