Immigration and Customs Enforcement officers arrest a clarinet player who was part of a musical band protesting in front of their facility in Portland, Oregon, October 12, 2025, during the Emergency Naked Bike Ride.

National Guard troops cannot be deployed in Portland and President Donald Trump exceeded his authority by attempting to do so, a federal judge ruled Nov. 7.

In a 106-page opinion, U.S. District Court Judge Karin Immergut outlined the facts of the case and concluded the Trump administration had violated both the 10th Amendment and Title 10, Section 12406 of the U.S. Code.

"The evidence demonstrates that these deployments, which were objected to by Oregon’s governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the President’s authority," said Immergut, a Trump appointee.

The ruling comes after Immergut heard testimony during a three-day trial and issued a Nov. 2 preliminary injunction preventing troops from being deployed until 5 p.m. Nov. 7.

The relevant portion of Title 10, Section 12406 of the U.S. Code says the president can federalize troops when there is or is a threat of rebellion, or laws are unable to be executed using "regular forces."

Immergut reiterated those findings in issuing the permanent injunction, which the Trump administration is expected to appeal.

In the meantime, Oregon troops will remain federalized for another two weeks.

In a statement, Kotek repeated her call that the Guard be sent home.

“This ruling, now the fourth of its kind, validates the facts on the ground. Oregon does not want or need military intervention, and President Trump’s attempts to federalize the guard is a gross abuse of power,” she said.

The Trump administration previously appealed a temporary order by Immergut blocking the federalization and deployment of Oregon National Guard members.

The 9th U.S. Circuit Court of Appeals ruled 2-1 in the Trump administration's favor, but that ruling was vacated when a majority of the circuit's judges voted to have the case reheard by a larger panel of judges.

Four hundred National Guard troops, 200 from Oregon and California each, have remained federalized and waiting to be deployed at Oregon military bases for more than a month as legal proceedings have continued.

Immergut heard three days of witness testimony in which law enforcement officers and officials testified on the conditions around the ICE facility.

Notable revelations included the Trump administration acknowledging National Guard troops were at the ICE facility after Immergut had blocked their deployment and the deputy regional director for the Federal Protective Service responsible for protecting the ICE facility expressing surprise at the deployment.

Immergut's decision "is a huge victory," Oregon Attorney General Dan Rayfield said in a statement.

"The courts are holding this administration accountable to the truth and the rule of law," he said. "From the beginning, this case has been about making sure that facts, not political whims, guide how the law is applied. Today’s decision protects that principle.”

Judge's decision is latest in a winding legal battle

Here are some of the major events in the legal battle of whether Trump can deploy the National Guard to Portland.

  • Sept. 27 - President Trump posts on social media that he is going to send troops into Portland.
  • Sept. 28 - Oregon and Portland file a lawsuit against the Trump administration arguing President Trump has exceeded his authority.
  • Sept. 29 - Oregon and Portland request a temporary restraining order to stop the deployment of the Guard while the case is ongoing.
  • Sept. 30 and Oct. 1 - 200 Oregon troops from units based in Salem and Woodburn begin arriving at Camp Rilea.
  • Oct. 2 - Judge Michael Simon, the original judge assigned to the case, recuses himself after the Trump administration suggests he do so. Simon is married to U.S. Rep. Suzanne Bonamici, D-Oregon. Judge Karin Immergut is assigned the case.
  • Oct. 4 - Immergut grants a temporary restraining order stopping the federalization and deployment of the Oregon National Guard for two weeks.
  • Oct. 5 - The Trump administration files an appeal in the U.S. Court of Appeals for the Ninth Circuit requesting a stay on Immergut's order and an emergency stay as the court deliberates.
  • Oct. 5 - Trump sends 200 California National Guard troops to Oregon and Gov. Tina Kotek says she has been told Texas Guard members will be sent to Oregon and other states.
  • Oct. 5 - Oregon and Portland request a second temporary restraining order.
  • Oct. 5 - Immergut grants the second temporary restraining order stopping the deployment of federalized National Guard troops from any state into Oregon.
  • Oct. 8 - The appeals court grants an administrative stay, temporarily pausing Immergut's order and allowing Oregon's troops to be federalized but unable to deploy because of the second order.
  • Oct. 9 - The appeals court hears oral arguments debating whether the stay should be granted.
  • Oct. 15 - Immergut extends the temporary restraining orders for an additional two weeks and schedules a trial for Oct. 29.
  • Oct. 20 - The appeals court grants the Trump administration's request for a stay on the first temporary restraining order in a 2-1 decision.
  • Oct. 20 - A Ninth Circuit judge not assigned to the case requests a vote on whether the judges should reconsider the decision as a larger group and asks the Trump administration, Oregon and Portland to file responses by midnight on Oct. 22.
  • Oct. 20 - The Trump administration files a motion asking Immergut to dissolve or stay her second order in light of the appeals court's ruling.
  • Oct. 21 - Oregon, Portland and California file a response urging Immergut to keep the second order in place.
  • Oct. 22 - Immergut schedules a hearing on the motion to dissolve for 10 a.m. on Oct. 24.
  • Oct. 22 - The Trump administration responds to Oregon's filing and asks Immergut to rule on their motion Oct. 22, ahead of the Oct. 24 hearing.
  • Oct. 24 - Immergut hears oral arguments on the Trump administration's motion to dissolve her second temporary restraining order.
  • Oct. 24 - The U.S. Ninth Circuit Court of Appeals issued an administrative stay on the appeals court's Oct. 20 decision until 5 p.m. Oct. 28 so they can vote on if they will rehear the case.
  • Oct. 28 - A majority of Ninth Circuit judges agree to rehear the case en banc, vacating the earlier decision by the appeals court
  • Oct. 29 - Trial begins.
  • Oct. 31 - The trial concludes.
  • Nov. 2 - Immergut issues a preliminary injunction until 5 p.m. Nov. 7 to allow for more time to consider the case.

Statesman Journal editor Jonathan Williams contributed to this report.

Anastasia Mason covers state government for the Statesman Journal. Reach her at acmason@statesmanjournal.com or 971-208-5615.

This article originally appeared on USA TODAY: US judge blocks National Guard deployment to Portland; appeal by Trump likely

Reporting by Anastasia Mason, USA TODAY NETWORK / USA TODAY

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